Respected Advocates,
Situation : My cousin bought a piece of land with a 540sft room in it in 2011. The land was sold by the daughter in law of an old man to my cousin. The old man filed a case in district court saying he has purchased the land by his savings (govt.teacher aged 70 now) and his daughter in law (NRI) has eloped and hence give him the custody of the land. In 2016 Oct, the district court gave a judgement that the binami act is not valid in this case as he isnt a tax assesse nor he can afford that land with his savings.Moreover he couldnt prove as in how he paid the sellers initially. In short, its clear that he is a bogus claimant. My cousin tried to take the possession of the land unwisely using his brother who are teenagers, the situation back fired as one of the teenagers hit the old man's son who was trying to video shoot the possession attempt. The attempt was foiled and the old man filed an appeal.
I made my cousin to speak to a friend who is an advocate. This advocate advised that by managing the SHO of the areas PS, we can get the possession of the land. According to him, it doesnt harm or effect the appeal in progress. We have all the original documents, their mother link deeds in place, the mutation in the municipal corporation etc in my cousins name. Should it be OK if we proceed and take the possession by hook or crook ensuring no blood is shed? Will it be a contempt of court if we take the possession while the appeal is filed?
Thank you all for your valuable suggestions.
Thank you LCI for this wonderful forum.
