Property tresspassed for 5 years -can i cllaim mense profit
Vijaishankar M
(Querist) 21 February 2016
This query is : Resolved
Pls sirs help me..
I have obtained interim order in Munsiff in the year 2011 agisnst the respondents. But aft tat they trespassed in My ancestral proerty and I filed contempet petition, which is also pending . Apart from that I have filed another IA u/s.151 CPC seeking direction to assist the police in occupying my premises based on the interim injunction order. But the police is dragging on the matter and not helping me to occupy. Time is running on and I am helpless. On ther other hand , the respondents are violating the injunction order and are in my premises and carrying on their activities .
Now my question is
1) Can I appoint a receiver to take care of ,my property to save it from respondents until I occupy my propertry ?
2) If receiver appointed will the respondents get out of my property and the Couty hand over the same to the receiver?
3) Pls suggest me. Can I file a petition claiming means profit from the respondents stating the reason that from the year 2011 I am trying to occupy the property
based on the interim injunction order? I am also unable to sell my property due to their trespass ? So Can I ask means profit
4) This property is also in attachment by a decree holder (money suit ) in Sub Court and I am impleaded as class 2 legal heir, because there is no direct class 1
legal heir. But I am unable to pay the money as property is not with me and tresspassed . So can I filed a petition to stay the entire EP proceedings by telling the reason that property is not with me and obtain time for payment til I occupy my property. Or wat cal i do to prevent my property from attachment?
or if my questions are wrong pls suggest me wat to do pls.THanking u in advance.
dev kapoor
(Expert) 22 February 2016
Hi
Your problem is not so simple.It can be negotiated with the help of a local lawyer.
In any case, the 1st thing u are required to do is (a) amend your PPI suit as Mandatory Injunction as the property is occupied by opponent during pendency of suit... (b) If you succeed proving TRESPASS into ur property, you sure are entitled to MEASN PROFITS for use of your property unauthorisedly/illegally.
But what is more important is that you have to wriggle out from litigation regarding ATTACMENT of property by a civil court.
