For filing a civil suit
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
respected sir,
my father had gone high court against the judgement of magistrate under sec.145crpc,
in a land related problem in 1995.
the high court ordered us to go for a civil suit but that time my father didn't think to go for civil suit because we have possession over land from years before of 1995 to present and we are living there
peacefully since 100 years.government rasheed are up to date.we are getting K.C.C loan,agriculture insurance etc. every year for the land.also,we have the land possession certificates by the circle officer.
now the matter is that someday before,defendants are threatening us for dispossession over the land and
demanding from the D.C for the cancellation of demand which is in favor of us.defendants are bad elements.they have convicted in a case with us,some year before.
NOW,AFTER 16 YEARS,WHETHER HIS SON OR GRANDSON CAN GO FOR A CIVIL SUIT OR NOT??
(now my father is not in this world,in 2002,he passed away.and we belong to a joint Hindu family.)
Devajyoti Barman
(Expert) 26 December 2011
If you after the death of your father has inherited the property, you have got full right to initiate any civil proceeding over the said property provided the cause of action is still subsisting.
A suit for declaration of title and injunction should yield the desired results.
ajay sethi
(Expert) 26 December 2011
file suit for declaration and injunction restraining the defendants from interfering with your posession
Advocate Bhartesh goyal
(Expert) 27 December 2011
yes you can file suit for injuction and declaration as a continuous causse of action.
prabhakar singh
(Expert) 27 December 2011
you have eaten the previous facts and that is why you have got either wrong advise or guarded advise.If you intend to file the same that was required to be filed under direction of high court then it is better for health that keep mum,as since then 16 years have been passed,no suit is possible on your behalf.
Look it appears that there was a dispute with some party with your father with respect to possession of this property and on apprehension of breach of peace the police reported the matter to SDM who after making the attachment order proceeded to inquire as to which party was in possession just before two months of the police report and he decided that it was your opposite party and passed an order that possession be given to your opposite party and your father went against that order in revision
and there he loosed the revision with a direction to file a title suit which he did not file and that suit has now become time barred if the direction is of 1995.Since then it is 16 years now even if there was a stay order against SDM's order.
Despite all this it appears that on paper it was attached and decided wrongly to be released in favor of your opposite party BUT ON SPOT THE ACTUAL POSSESSION WAS WITH YOUR FATHER AND NOW WITH YOU AFTER HIS DEATH and there might have been a stay during pendency in high court hence order of SDM could not be executed,and now they are pressing the execution of the order of SDM.But on spot you have the possession with several proof.
ARE YOUR FACTS SO AS GUESSED BY ME.????????
IF,YES!THEN PLEASE DO NOT NOW BE IN HASTE.
Your family might be joint as every family becomes joint for these kind of purposes.The question is what is the status of this property ?who acquired it ?when acquired it ?How acquired it?In which capacity your father held it?was he exclusive owner of it?or a coparcenary with brothers/sons etc.?what law is governing this property,etc.,several such questions are involved.? then prescription of ours from for away without looking into papers and on 1/10 facts may prove fatal as HAKIM LOOKMAN.
CONSULT PERSONALLY WITH SOME SENIOR CIVIL LAWYER OF REPUTE.THINGS LOOK A BIT COMPLICATED AND YOU NEED A LOT OF CARE IN YOUR STEPS NOW.
