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Pam (partner)     12 August 2010

suit for possession

My neighbor is a powerful religious leader of dominant community of North Karnataka (Mathadhikari, Pontiff, and Swami) of a math in. The math owns 15 acres of land. I belong to tiny HINDU minority community.

I own a tiny bit of land about 5 gunthas of land since 1978 abutting math’s property.

Now in 2007 Mathadhikari with all his influence has got a fabricated survey done showing my property as math’s.   

I had appealed against the survey in Tahsildar Court. the swami with all his influence has got a favorable order from Tahsildar dismissing my appeal, further which I have appealed in DDLR court in DC office.

In the mean time swami has filed a suit for possession in his own individual name and not in trusts name.

1.     Can sole trustee file a suit for possession in his own name when the property is Trusts?

2.     And till what time will he be allowed to amend the Plaint?

3.     He has filed only a suit for possession w/o declaration of title? is it correct?

4.     does he have to ask for cancellation of all my sale deeds?

5.     I have constructed a building which is worth more than 55 Lakhs. Does the swami have to pay Court fee on this sum? (For suit purposes he has valued it at 1000/-)

6.     Swami's predecessor-in-title was declared the POT inamdar (or Tenants) in 1961 and Swami Filed Form No. 7 on behalf of Math by claiming occupancy rights. The Land Tribunal, after holding the inquiry granted occupancy rights dated: 29-12-1978. On order of the Tribunal, the Form No. 10 was issued and accordingly the name of original Swami was entered on 28-4-1982.

·       Since 1961 and later as Swami and predecessor-in-title have occupied and have never ever claimed my parcel of land can HE claim now? IE what  about Limitation

·       Can he claim my parcel of land only on the strength of Fabricated Survey PT sheet?

7.     Does the Swami have to prove his Dispossession?

8.     Is Acquiesce my best form of defense as he has kept quiet till 2008 when I constructed a shed in 1994 and later a 2 story building @ 3500 Sqft in 1999?

9.     Can I claim adverse possession since I am in possession since 1984, if it is held that my parcel of land belongs to Swami?

10.   as Swami is Most powerful (Extra Constitutional) he claims that he can manage the Judiciary also, How do I safeguard myself?

Please provide me as much answers you can along with  Court Rulings which can be helpful to me



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