We are constructing a house on open site.Our neighbours have 4 ventilators in the 1/4 wall adjoining our site.We have plan approval from muncipality.And we have left 7 feet space in front of their ventilators.Inspite of that they have filed a civil suit for easement rights.As we have anticipated their suit we had filed a caveat and we proceeded with the construction.And later they filed suit which was dismissed by lower court and they later filed in next higher court and court appointed the commisioner who gave a report and still suit is still pending.Meanwhile our lawyer while giving reply to their notice once had alleged that land lady is not cordial with neighbours and also with her daughter in law and was trying to drive her out of her house as her husband had expired.Upon which they gave a notice alleging defamation for which our lawyer replied that we have material on the issue and sent a copy of caveat filed by daughter in law of landlady wherein she had said that landlady is trying to take away her rights on her husbands property that is the house which they are staying.
With the counter filed by us they have filed an FIR alleging defamation and filed a criminal case under sec 499 and 500.
And court has taken cogniance of it and issued us the summons for appearing before it.
We would like to know whether on the basis of our counter is it correct that court has taken cogniance of defamation.We dont have any malafide intention to defame her and we have written in our counter for civil suit, what we read in the caveat filed by landladys daughter in law.
We have not encroached their right nor we have any intention.But we dont know how to come out of it.This is our first time and we are really confused.We got the taste how law and courts are used to haress peope.It is irony that the land ladys sons have abused us and the property is in landladys name who is 80 year old so case is filed in her name and their lawyer is trying to prove saying we have abused old lady because of which she is bedridden.
Can anyone suggest any cases where we can prove that we have not intentionally defamed and because of civil suit we have written in counter that too on the basis of document filed by their daughter in law.
And what would be the decision of the court in easement right case if we complete our construction.
Thanks in advance.
