Property in dispute

In your suit file an application for temporary injunction prohibiting her from alienating the property. Get the lis pendens registered.

I am a tanent of 2 rooms at kolkata,my landlord by illegal way taken a ex party degree agaist me to surrender my tanency,for which i appel in small cause court whch is pending.My room .no and direction of my rooms iis dscribed in the above degree.

on the same floor my brother has also 2 rooms and landlord sue him for surrender and the case in court and his area also discribe in his plaint.

At persent my brother sue against me for 1 room stating that the said room belongs to him and in small cause court he defetaed " supressation of facts" and he appel in high court.

High ourt give an injuction stataing not to interfere each other and injoy the position which each hold.

When i want to repair my electric line my brother call the police and stop my work and at present my electric line is n half way without connection and police is favouring him.

so what can i do if some one can tell me i will be very much oblige.

Thanking all

Abhaya kumar Surana

Sweta, the piece of land purchased by you via deed of sale in 2006 from your dad as attorney of your grandmother  now belongs to you and that the attorney has already been worked upon and as such now its subsequent cancellation would not render your sale deed void. As a matter of fact because now it is you who is the owner of this piece of property, any sale deed executed by your grandmother in context of the same would be void, as she has no title to do the same. Any way i hope you have got this land mutated in your name, if not then do so immediately. If you already have your name mutated then on basis of such sale deed and such mutation approach a court of competent jurisdiction and implead your grandmother and father as defendants and seek an interim relief regaruding the aforesaid property restraining the defendants and any other subsequent transferee from interrupting in your possession.  I dont think you need to seek any injunction against alienation because any such alienation would not and cannot effect your rights, all you need to do is safeguard your possession against any subsequent transferee who may try and encroach upon your property.

Thanks for the reply. But I want to stop her within one month and it is not possible in the case of title suit, it will take 2-3 months for temporary injunction.

Pressured by my father I executed a power of attorney in 1995 delegating all powers for sale etc to him. aoon I understood that it was  a big risk and so after a month I cancelled it and told my father so. I left the country after a few days for jobs abroad. In 2001 my father surprisingly sold my ancestral share coming down from my father without letting me know about it as if the cancellation did not happen. Only in 2010 after coming home after a long stay abroad I came to know the fraud. I have presented the case to an advocate. He says that I would have won the case against the buyers of my property if I had adveritsed the cancellation in a prominent daily which I failed to do through ignorance. Do you think so? Are the buyers of my land bound to return the property despite the fact that I have not advertised the cancellation of power of attorney in a daily? What are my chances? Please advise me.

C Mohan

mr.chakravorty has suggested you the proper legal solution

you have not described whether you canceled by a registered cancellation deed or by unregistered document.if it was registered ,then no problem but in case it was unregistered cancellation then your case is weak and in my opinion you should sue against your father