veer (e md) 21 May 2014

Dispute on a plot 20ft wide in my possesion for easement,

dispute on a small plot only 20ft' wide.

which is in my possesion for easement since last 30 years.

A piece of land(plotA) was purchased in open public auction in 1976.

at that time the only way to reach plot A was by crossing plot B (frontage80' ft).

we have been using the land both plot A and plot B for 14 years peacefully.

untill 1989 when the owner of plot B arrives for his possesion.

we then in good faith vaccated a portion of plot B, keeping 20'ft frontage for our easmentry use.

(via Verbal agreement made by my father with owner of plotB.)

As on today 2014 january.

there was a complaint filed against us by the legal hier of owner of plot B.

His claim that we hav forcefully dispossesed him from his plot and taken possesion.

whereas the GROUND REALITY is that the plot has been with us since 1976.

Now the police registered a complain in section 149 IPC.

the case is pending in SDM court.

we have pleaded our part.

what are the possible outcomes.

what else shoud be done from our side.?

kindly guide.

thankyou.

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5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice) 21 May 2014

File civil suit for declaration ...contact local lawyer...

T. Kalaiselvan, Advocate (Advocate) 22 May 2014

Who is having the title documents to the disputed property?, if it is not belonging to you, what is your right to claim it?, if it falls under easement rights for your ingress and egress purpose leaving no alternative, you can file a suit for mandatory injunction and also for easement rights, consult your lawyer and proceed further.

veer (e md) 23 May 2014

i have a lawyer with me, but here practicing lawyers are not that much proffesional and ethical. hence taking advice from lawyersclubindia.

veer (e md) 23 May 2014

how can i file a declaration suit? or mandatory injunction suit? i mean i do not have any doccumentry proof in hand that the disputed plot belongs to me. it was more of a verbal understanding made between my father and opponents father in 1987. however i have following proofs. a) we have been using said plot for purpose of coal and bamboo storage godown. and i have Transit Permits for making bamboo-coal. b)transport company letterpad which was printed in 1978. which says name of my father as properitor. and in that office address being same as the disputed premisies. c) I can provide statements of 4-5 bamboo cutters who have been working with us from past 20+years. and who used to cut bamboo and make parcels from that godown.

veer (e md) 23 May 2014

also note the following:

A) the title is with the opponent party.( they provided some registerd doccument in 1988 in nazul officers court and got their name mutated in nazul records as well.)

B) my father died in 1989, and was hospitalized from 1987 to1989.

hence expartee inthe nazul court.

hence we could not give our statement at that time.

c) in 1976 when we purchased the auctioned land,. which is adjucent to the disputed land now..

in that year NAZUL SANDHARAN(i.e. (allotment of porton of nazul lands and lease FormH) WAS NOT YET PERFORMED.

hence it was not clear that which portion of the land was auctioned.

however we are happy with the portion of land alloted to us in nazul sandharan while we were expartee.

hence we donot want to challange that.

but can we not take advantage of the ambiguity in the stuation that NAZUL SANDHARAN(allotment of porton of nazul lands and lease FormH) was made in our absense without sending any notice to the legal hiers of the auction bidder.