Hello respected Legal experts on the forum and friends,
A land (ancistral) is got to three legal heirs(A, B, and C). All of them constructed 10 flats in that place, and made a partition Deed amoung them with the sub Registrar. One Flat owner as he stays out side the city. One resident of the flat (X) made illegal efferts to occupay a Flat by using man and money power without any rights and man handlied on owner's son while doing civil works at that flat.
The owner approached to police but police did not register a case, so immediately approached to Court and took injection order to protect the property by submitting all the original documents of Partition deed (registered before sub registerar). In the suit he clearly mentioned that so and so had tried to enroach in to the property by doing Gondaisam.
after taking injunction order the owner (B) is staying in that flat now.
The person filled some papers (like electricals, municipal permission letters, some other property documents) which are in the name of the owners i.e. A, B. and C. And claiming that he is the builder of the appartment in reality he is the supervisor at that site. There is not even a single document to show that that person X is having any right over the property nor he is a builder. (He made publicity in the local area that he is a builder as he was our site supervisor and doing all mischefs).
I would like to know that what are the possibilities before the court for taking decision. Whether it will be in favour of owner (A,B and C) that is who got Injunction order, or in favour of the person who is illegally trying to grab property.
What are the chances of cancelling the injunction order granted to owner.
What are the short falls in the case from the owners (A, B and C) side.
I request the Honourable experts of the forum to please look in to the above mater and advise.
thanking you in advance.
