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Yoko (Nothing)     13 January 2013

Declaration suite

Sir, My dad purchased a piece of land from one (a lady) of the 4 siblings of their ancestral property in 1995, I was 19yrs then, so my dad did everything. My dad paid land tax (Kishthi) in my name, in the appropriate village admin office between agreement and registration period. As the seller was a lady, she nominted her husband to get into an agreement with my dad on my behalf. I have patta, proper EC, tax receipts and so on.

In 2005, a land mafia (held some political posts in the same village) put his eyes on this land and wanted to grab it. As we were the only outsider, but for us he sent court notice to all for the entire land ( 100 cents). Fearing a bigger plot, we filed for a Permanent Injunction in DMC. However, my case was dismissed, but the court advised us to file a declaration suite.

While the case the opponent put for the entire land with all the other 4 people went in favour of the siblings. All his documents were prepared in 2005 was proven in the court.  My opponent went for appeal and lost it again. Now he is  threating me from taking over the property and cites the injuction case that got dismissed.

Fact: I am the only outsider in deal. All 4 siblings and my opponent are related and from the same village and community. This my opponent with some political background has taken to his advantage.

My question:

1. He has lost the case for full extent  ( including mine), can I cite this to my favour? Will it help?

2. Is paying tax during the agreement & pre-registration period an issue?

3. I also know some people in power. Will mediating thru them help at this time ( while my declaration suite is in court)?

Pls advice,

Thanks



Learning

 5 Replies

Advocate Vishnu (Advocate)     14 January 2013

Kindly clarify my points of observation.

1. what case did the claimnats lose.

2. An injuction was refused against the claimants as you are the owner of the property.

3. You have been paying your taxes

4. How did the lady become the owner of the said property....?

Yoko (Nothing)     14 January 2013

1. Claimants lost the case for the entire extent of property both injunction and declaration.

2. In my injunction case, our lawyer was absent on the main day of cross examination. Later found out that he had some vested interests and was taken care by the opponent, he never asked the opponent for original docs to prove their point. Opponent has been harping on the tax receipt issue and says that my sale dead is not valid. Court decree said that I cannot claim injunction as the ownership is not proved and hence advised me to file a declaration suite

3. Yes, I have been paying taxes from 95, but they too have cooked up tax receipts from 2005. They do not have any document before 2005 though.

4. One of he siblings sold their share to this land in 1990 through a sale deed. This entry is shown up in the EC as well.


Sir, what is a good reading material or cross reference for understanding indian legal codes like order/rule/section and so on?

Thanks

Advocate Vishnu (Advocate)     14 January 2013

Have you succeeded in your declaratory suit...?

Yoko (Nothing)     20 January 2013

suite is in progress......

Advocate Vishnu (Advocate)     20 January 2013

Then you have wait until final orders are passed. Nobody can take away your rights on the land. Kindly change your legal counsel , if you feel he may not be of help in this regard. This is a straight case.


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