Title Suit with injunction
Querist :
Anonymous
(Querist) 01 July 2010
This query is : Resolved
Respected Sir,
A neighbor of mine is a veteran criminal and does all kind of illegal activities. To run his illegal activities he regularly pays a fixed sum to the Police and administration. Initially he encroached around 300sqft of my land, we objected and filed a suit u/s 144 and 145 Cr.P.C. as advised by our advocate, but during 144 he constructed, police too failed to stop him. Also aggravated by this suit, he further encroached 300sqft of my land. He is a dare devil criminal who says that “One of our leg always remain in jail.” Due to fear we stopped following the suit, he too stopped following the suit. My advocate says that he cannot be contained by law, u manage him by some other means. Now almost 10yrs have passed, some advocates suggest to go for Title Suit with recovery of possession or u will lose it in adverse possession. We fear that if we file title suit then this time again he may further encroach some portion of my land and will create some problem for us. Police is with him. Also my advocate says that no injunction will be granted since in history of last 30 yrs lower court has never granted any injunction. In this condition what should I do? Plz. Suggest.
Thanking all.
Devajyoti Barman
(Expert) 01 July 2010
You have to first decide whether you want to file any suit or not as from your query you seem to be more apprehended than anything else. Anyway, you are wrongly advised that lower court for the last 30 years has not passed such order presuming that he states it generally. Otherwise I am not aware of the history of that particular court.
You can always file a suit for recovery of possession and for mandatory injunction.
adv. rajeev ( rajoo )
(Expert) 02 July 2010
You filed a wrong suit u/s 144 & 145 of Cr.P.C. there is no such provision to file a suit in the Cr.P.C.. You ought to have filed a suit for mandatory injunction.
Now you cannot file a suit for declaration and injunction taking a contention that encorachment made by the defendant came to the knowledge now, because you had initiated the proceedings long back. ONly alternative remedy available to you is make partition amongst the family members and a member who gets the encroached portion can file a case for declaration and injunction. Otherwise you will loose your property.
Kiran Kumar
(Expert) 02 July 2010
apart from the advice given by my Ld. friends above, I think you were not properly advised by your local lawyers.
pls visit some better lawyer and pursue your matter properly...its just ridiculous to say that the court has not granted injunction orders for the last 30 years in any suit.
Raj Kumar Makkad
(Expert) 02 July 2010
I have similar opinion as of my other learner friends.
Querist :
Anonymous
(Querist) 02 July 2010
Sir,
Thanks for the advice I will go by that, possibly will partition the property and file title suit with recovery of possession and mandatory injunction for further encroachment.
Uma parameswaran
(Expert) 02 July 2010
If police officers are harassing ,you can move petition before High Court.
