Dear SIr/ Madam
X is the native of Southern India, say Tamil Nadu and works in a company in North India, say Mumbai with family. Y resides in Tamil Nadu. X has a property (land) dispute with Y in Tamil Nadu. Y’s father has registered (in the office of Sub-registrar in Tamil Nadu) the property of X in Y’s name as gift deed unlawfully. So, X filed a case in the court based on the written advice of Sub-registrar. The case is in the court. As X is required to travel between North India and Mumbai due to job requirements, X has given General Power of Attorney to Z, who is a close relative of X.
M, the owner of a car driving school was parking his vehicles in the area rented to him by Z, opposite to the land property of X. M has observed some snakes in the disputed land property due to some bushes in the land. Due to Inspection of his driving school by Authorities, M has cleaned his area including part of the disputed land property without the knowledge of Z and parked one of his jeeps in the land property as M was not aware that there is a court case on that land property. Unfortunately, this was noticed by Y. Y has taken some photos and approached the Police to file a FIR/ case against Z in the allegation of using the disputed property/ trespassing, as the case is in the court.
Please provide your valuable legal advice on the following 3 nos. of focused queries:
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When only cleaning of the land was done by a third person (M) inadvertently without the knowledge of Z, will cleaning the disputed land and (by chance) parking a jeep, an offence? If yes, what kinds of defenses are available to Z?
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The land property has been with X for many years and in May 2015 Y’s father has unlawfully registered this land to Y. For e.g., when a person is staying in a house and the house is unlawfully registered by another, and when the case is in the Court, the present occupier will continue to have the rights to stay in the house till the Court decides the case. In a similar analogy, can’t Z clean the land property? Will cleaning this land attract trespassing, as the case is in the court?
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Y approaches to the Police with the photos and demands action against Z. Y threatens the Police that he will approach the court, if they fail to take action against Z. What are the best options available to Z as he is the rightful and genuine person?
