Dispute
MOHAN RAJ S
(Querist) 27 December 2012
This query is : Resolved
Actually we had a case over a property for the last 10 years. just before 3 months the judgement has been favored to the opponent without clear indication the judgement was..because the survey number of opponent and ours is entirely different..even though we have appealed in the upper court against the judgement of the lower court...the next hearing is coming 3.01.2013..but the opponent has occupied the property based on the lower court judgement....what can i do at this stage please help me...can i go and make complaint in the land grab cell..
Devajyoti Barman
(Expert) 27 December 2012
How could the other side occupy hr land without putting their decree in execution? Was it on their occupation already?
Have you prayed for Stay of operation of the decree? If no then pray for this prayer soon.
R.K Nanda
(Expert) 27 December 2012
get stay order from court asap.
MOHAN RAJ S
(Querist) 27 December 2012
thank you for your reply.
for the past 10 years it was ideal only as a barren land both of us waited for the judgement. just a week before he occupied. our lawyer said that stay cannot be hold the judgement?
shall i go and make complaint in the land grab cell...based on the survey number difference
thanks
Raj Kumar Makkad
(Expert) 31 December 2012
The opinion of your lawyer is wrong. Stay is sought along-with the appeal and it is generally granted immediately if appeal is filed within time.
AAK
(Expert) 02 January 2013
I agree with the views expressed by Mr.Makkad.
Mr.Mohanraj, is it possible for you to explain the nature of the case and operational portion of the order?
MOHAN RAJ S
(Querist) 03 January 2013
Yes sir, sure.
Actually the case was started in the year 2002. the main core of the case is that the opponent had purchased a land of 133 cent in the survey no. 164/19. from the property owner X in 1997. But the opponent had occupied more than that what he had bought form the owner X. then in 2001 while surveying the property the owner X has come to know still there is his property in the survey no.s 164/18 & 164/9 around 27 cent excess for which the owner had parent document with him.But the opponent who occupied 133 cent plus doesnt ready to allow anybody to acquire the remaining 27 cent land...but the owner X is not willing to sell it to the opponent. instead he sold the property to us 164/18 & 164/9. after registration in 2002. we started occupying the land which we bought it after surveying . but the opponent didnt allowed us he fight with us finaally he went to court. from that date to last november 2012 the land 164/18 & 164/9 was a barren land , we both did not entered in to that property. the recent judgement stated that the opponent can use his land of 133 cent in the survey no. 164/19 plus addition of 15 cent which he is holded in his position . also the judgement states that this case is not relevant to survey nos.164/18 & 164/9..
then we have apealed and thefirst trial is today 3.01.2013.
no the opponent had occupied the barren land based on the above judgement.
Raj Kumar Makkad
(Expert) 03 January 2013
You should have filed a counter claim which it seems you had not filed. File a separate suit if not filed earlier on that issue.
ajay sethi
(Expert) 03 January 2013
agree with makkad
AAK
(Expert) 03 January 2013
I presume that your opponent might have been filed suit for bare injunction. and court might have been held in his favour based on his possession by virtue of title deeds.
Basically it seems there is dispute in terms of identification of property.
If the land is barren and no one is still occupied it and if the title deeds are in your favour, you need to file separate suit for injunction based on your title and possession.
MOHAN RAJ S
(Querist) 03 January 2013
yes sir your right. the land was barren for the last 10 years. but now based on the lower court judgement he possessed the land. whether we can enter into the land or we have to wait until the judgement from the higher court.
Raj Kumar Makkad
(Expert) 03 January 2013
You should get the measurement of the land from the revenue authorities (Tehsildar) and thereafter should file a separate suit on the basis of that report which may establish that your opponent has illegally occupied that land belonging to you.
