Land & property issue (tresspassing)
Prakash
(Querist) 27 February 2013
This query is : Resolved
Dear Sir,
Kindly refere my below case and guide me that, Can I file a case in the court with confident.
I purchased a land which has access from a prperty belongs to other party and which is also used by the other house owners (3 Houses) as kaccha raod.
Afetr completion of mutation and other formalities I ve started construction of house. After completion of foundation the owner of the land (other part which we are trespassing) complained in muncipality and put a stay. The complain is that, I dont have road access to my house and to cancel my construction license.
The construction was closed up to 2 months then he aproached me to buy his land, So at that point of time he made an agreement with the following points and I paid him 20% of total Amount on his demand.
1. I will buy his land exactaly after six months of date of contract.
2.I agree that there is no road exist in his property.
3.I will pay him full amount at the time of Sale deed.
4. If i fail to pay the advance will be forefeited.
5. He will not allow to pass from his property.
Now my house is fully constructed and ready BUt the question is that to buy the land which I made contract or file a suit against him, There is also one house in his property, also mentioned on I & XIV for as owner of the house.
For him he is deductin only 172 SQ Meter and remaing plot figure he is asking me to buy.
So please guide me wheather I can file a suit or purchase the land and distribute for the road purpose and that exiting house owner.
I will be in terrible loss ......... Please guide
ajay sethi
(Expert) 27 February 2013
honour the agreement you entered into with your neighbour .
Raj Kumar Makkad
(Expert) 28 February 2013
No person can resile from the agreement except under the terms and conditions mentioned therein so you need to execute it in letter and spirit.
Prakash
(Querist) 28 February 2013
Thnks for your reply ....
PLease see my real query in last Paragraph. The property contains One house which shows under the comlumn of 'Owner of the House, on I& IVX for of Mamledtdar. So Under the mundkar act, that house should get 300 Sq meters.
Now my agreement shows that, Igreed to buy the plot from the plot Owner by leaving only 172 Sq meters for that house ..........
So, If I buy the plot ..... Can I will be sucessfulll to do the Mutation and partition because at the time of these processes all the notices also served to that existed house and he can file objection.... ???
