Preparatory land (mutated)
mohammad yaseen shah
(Querist) 27 November 2013
This query is : Resolved
Purchased one kanal landed property (the exclusive share of vendors) through agreement to sell,registered attorney and all other necessary affidavits. After that mutated the same through registered sale deed. The said purchased land was demarcated by revenue officials and handed over to me. I land the concrete plinth around the said portion of land. After some 3 years,the same was encroached by a person with the help of vendor and he tried to construct wall on the plinth laid by me. I reported the matter to police and showed them ownership papers but they did not lodge FIR against the encroacher. I approached Court. Court issued statuesque. The encroacher has no valid document except a photostat copy of INTIKHAB which he obtained from concerned Patwari through cheating/fraud. 22 court hearings held so far. For 11 hearings the respondents remained absent. The case went ex-parte. Arguments were heard. Upto 21 hearings the respondents remained absent as they have no solid ground/document. After 21 the judge was about to announce his judgment and pass decree, the opposite party submitted an application supported with photostat copy of Intikhat.
Kindly let me know when I have all the relevant documents for landed property and the said area is protected by a concrete plinth, is the act of encroacher not of criminal nature. can police not lodge FIR against the encroacher when revenue collector "Tehsildar" also gives in writing to police to take appropriate action against the encroacher.
Having all the documents necessary to declare one as proprietary land owner in my favour, cannot a judge decide the case swiftly rather to drag the same unnecessarily and delay the judgment.
Cannot court declare the action of encroacher as a criminal act as without any solid ground he encroached on our land and disturbed our peaceful life.
For the last 7 months I have been unnecessarily disturbed by the encroacher. Cannot I claim expenses incurred on lawyers fee, fuel charges on traveling and attending the court, wastage of time, mental exertion and so on.
kindly give me legal advice and counsel me so that I can get rid of this problem, and the encroacher be taught lesson by Court for this illegal act.
ajay sethi
(Expert) 27 November 2013
you have registered agreement for purchase of property . although encroacher has remained absent for 11 dates yet before passing of judgement he has appeared and produced documents . court will have to consider the same before passing judgement .
if court ignores said document encroach er will file an appeal against order . appellate court may set aside trial court order .
it is in your interest that curt passes reasoned order after considering encroacher evidence .
you can ask for costs .however amount awarded are a pittance compared to actual costs incurred
Rajendra K Goyal
(Expert) 27 November 2013
Well advised by the expert ajay sethi ji, wait till the matter is decided by the court on merits.
Raj Kumar Makkad
(Expert) 27 November 2013
I do endorse the advice of Ajay Sethi.
