What are the documents required to file a suit for tresspass to land?
Dinyar
(Querist) 01 August 2008
This query is : Resolved
When the neighbouring farmer tresspasses into your land and extends his boundries by building a BANDH the remedy available is a suit for tresspass.
My question is when the suit is instituted do you require to file your 7/12 extract copy?
My another lawyer friend is of the opinion that for instituting a suit a rough scatch map is all that is required and not a detailed proof of owning the land since tresspass is a remedy available with the possesor and not with the owener alone.
nitin
(Expert) 01 August 2008
dear diynar
your quarie is that what r the documents is required in the following situation.
When the neighbouring farmer tresspasses into your land and extends his boundries by building a BANDH the remedy available is a suit for tresspass.
my suggestion is that 1. you have to obtain the jamabandi of the disputed land inorder to proof who is the owner of that land in that khasara no.
2. musavi
3. mutition if any
with regards
nitin
puneet
(Expert) 01 August 2008
the remedy u have is to file a suit with application under o 39 r 1&2 for permanent injunction restraining the tresspaser to interfere or enter in ur peacefully possesion the document u required are copy of jamabandi or t.s.1, if u have the sale deed the copy of it,if u have any bill ,electricity bill or any other copy of it, khasra girdawari,copy of any other document which shows ur possesion
Dinyar
(Querist) 01 August 2008
My question is at the stage of instituting a suit what documents are required. Whatever you two have replied that is when the suit comes at Evidence stage.
I was told by a senior solicitor that for the purposes of filing a case you only require a rough scatch showing your boundries.
Also I would like to inquire whether the google map of the land would be admissible in Evidence?
Srinivas.B.S.S.T
(Expert) 02 August 2008
Mr. Dinyar what my friends said is true. Unless and until you prove your ownership or possession over the land you cannot obtain injunction orders from the court. I disagree with the senior who gave such a suggestion to you. The three primary elements for interim injunction are 1. Balance of convenience, 2. Primafacie case and 3. irreparable loss. You have to satisfy these ingredients for getting interim injuction under or 39 rl 1 and 2. Which means you have to file all the documents showing your ownership or possession or both over the land at the time of institution of the suit.
