Trespass to land
Arka Foundation
(Querist) 21 April 2016
This query is : Resolved
Dear Ld. Members,
‘A‘ title owner of a village land in Andhra, with permanent injunction from the local court. Now, this village falls under urban limits after break of Andhra Pradesh into two states
One of the fore fathers relative (of the 7th generation) and great grandson ‘B’ (Trespasser in this issue) from the same family of ‘A’ occupied 1/4th part of the A’s land and registered on his name.
Third party ‘C’ sold this 1/4th of the land secretly to ‘B’. This land was sold by ‘C’ claiming that this 1/4th of land bit belongs to him ( C ). And this bit was registered secretly on B’s name. This transaction was done without any legal documents
‘A‘ knew this after getting Encumbrance certificate from e-Seva . A, rechecked with registrar office but there are no documents in support of this transaction between B & C. i.e.
B have only registered document. C don’t have any document (rights) to sell but sold this to ‘B’
The registered document hold by ‘B’ has no validity. As such, before registering itself the A is having proper legal rights (decree) for that entire land bit from the Court.
Local Municipality announced scheme houses in our area. For this scheme house ‘B’ occupied 1/4th of our bit and trying to get a scheme house (applied for scheme and in PROCESS)
We went to local Police Station nearly 10 times to give a complaint on ‘B’. They are not taking any action and dodging the issue and saying that, ‘we, the POLICE have proper instructions from local Commissioner of Police not to enter into civil rights’
Further, Police also suggested us to file a case for Police Protection or any endorsement in the local civil court.
We went to our lawyer, he said he will file.
After few weeks, our lawyer says that, the Magistrate questioned him, how this petition (police protection) is maintainable, when the A is having proper decree permanent injuction.
Please enlighten what to do in this regard
P. Venu
(Expert) 22 April 2016
What are the functions and objectives of Arka Foundation? Profile reveals that the Foundation has posting queries on different topics frequently.
For the present query, it is elementary that Police cannot interfere in civil matters.
Rajendra K Goyal
(Expert) 22 April 2016
All documents / case file has to be referred, discuss with your lawyer.
