LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

karthik (advocate)     17 July 2011

Recovery of possession

Dear members,

My client filed a suit for bare injuction  restraining the defendants from alienation the suit property. Suit property belongs to my client as ancestral property. We filed house tax rceipts from 1956 to till date, 10(1) account copy stands in my client name and Encumbrance certificate from 1956 to till date shows my clients possession. But defendants case is that my clients father borrowed money from defendants father and the suit property belongs to them through court verdict in 1964 but no documents was filed by them to prove this. 

My question is even though the defendants got the property thru court in 1964, they failed to take the possession of the property and all the receipts are paid by the plaintiff till now. Is there any case law regarding this. My case is that plaintiff was in possession for more that 60 years and defendant failed to take possession of the property. Kindly give your views. Its very urgent...........please...........



Learning

 2 Replies

P V Namjoshi (pvnamjoshi@gmail.com)     17 July 2011

Your case is strong. Possession is 9 points in law. See Sec. 110 Evidence. Secondly suit for injunction simpliciter is maintainable. For citation go through the civil digest and you will certainly get the law citation. Be sure. I had opportunity to go through citation in particular from 2003 to 2005.

kavi (lawyer)     17 July 2011

In any case delievery of possesion is important. Try to get Certified copy of the earlier order... they have right of filling EP for earlier order..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register