Suit for rightful possesion
3 years ago
Hello,
We are tenants in 100+ years of old building under the landlords whose names have been proved as a mutated entry in land records. We have ongoing court case in local court for the rightful possession of the said property, as we have name of our father as a occupant(kabjedar) in city survey document, as well as electricity bill of said shop has also been paid on a name of our father, since a long time or from the beginning. Case is running since several years, i.e. 10-11 years. Now opposition party is forcefully starting a construction activity on said land. The building was demolished as the same land was proved to be government land. and other occupants have reconstructed their shops, leaving these two shops on which our case is going on. i have two questions :
1. are we right to suit a case for rightful possession of the said land/property? how much % of chances are there for our win over case?
2. what should we do to stop those construction activities legally?
Jagannath S Pawar
Responded 3 years ago
sanjay panda
Responded 3 years ago
File your petition before executive magistrate u/s- 144,145 if there is no status quo in civil proceeding and take order to stop forceful construction. Also you pursue your case in civil suit where there is merit of case in your favour.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. Yes, you have a good claim. It is quite likely that you will succeed.
2. File a petition for injunction in the same case, the Court will then order that any construction that is happening should stop. The police can assist you with implementing the order.
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1. Yes, you have a good claim for adverse possession and are likely to win the case.
2. Get the Court to pass an injunction order, you can then have illegal construction removed with police assistance.
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