we are living since 25 years and now previous owner of land send notice for evacuation
5 years ago
Respected Sir/Mam
my family living on purchased land by constructing home from last 25 years in Nagpur, Maharashtra. after 20 years previous land owner file suite in court against us for eviction of land and home. Now the case is in Supreme court. Before 25 years when we purchased land my mom taken in writing on 10 rs stamp paper (purchase agreement) as well as on electricity bill in our name on 10 rs stamp paper in 1992. But because of financial issue the registry is not in our name. Now the previous land owner saying this is not his sign purchased agreement , he did wrong signature on it when we verified and correct on electricity bill stamp paper.
now he is saying that he constructed the building and we are leaving on rent since 1992 and from 2005 we did not pay rent so he file case against us. we dont have any rent agreement with the previous owner. We have possession since 25 years, Electricity bill on our name, we are paying water, electricity, land taxes Municipal Corporation and we have all the receipts in original and allotments letter in original.
Lower Divisional bench case was against us because our Lawyer was not available for hearing because of his medical issues and he didnt inform us to attend the hearing. This property came under MHADA (Maharashtra Housing).
Sir/Mam I write the whole story of this case so i need an advice for this case, what will be the outcome of this case. Please sir help me on this issue, we are so mentally disturbed because of this.
Vimlesh Prasad Mishra
Responded 5 years ago
rupesh bodhane
Replied 5 years ago
Sir thanks for your reply. That time in 1992 10/-stamp paper used for legal property cases coz non availability of 100 rs stamp paper s . Previous landlord did wrong sign on that transfer of property paper and correct one on transfer of electricity bill 10 rs stamp paper. Sir I want to know by which law section we can strong our case and chance of winning case . Is an Adverse Possession of limitations act 1963 section 64,65will help to win case sir help me on this
Manjula Shanmugasundaram
Responded 5 years ago
rupesh bodhane
Replied 5 years ago
Because of the case is in supreme court they( MHADA) stoped the registration of sale deed. the case has been decided ex-parte, we challenged that order. i want to know as per my case limitation act 1965 sections 2 to 24 is the result going to be in my favor coz i also have additional documents like electricity bills and tax receipt till date on previous landlord name paid by us and original allotment letter.
Manjula Shanmugasundaram
Replied 5 years ago
Limitation Act relates to delay. Please tell me how much was the delay and also in what (i. e., delay in filing of which petition?).
rupesh bodhane
Replied 5 years ago
Thanks for your reply mam , Is an Adverse Possession of limitations act 1963 section 64,65 of will help to win case. We are living since 1992 previous landlord send notice in 2013 means after 21 years and adverse possession said that there is need of uninterrupted 12 yrs of living without any rent lease agreement is not available then You can claim ownership. I want to know that. Is it going to work to win case and want to know is there any other available act or section which will going to help
Manjula Shanmugasundaram
Replied 5 years ago
Your possession does seem to be adverse and continuous. You do have a good case going by what you have stated. However, nothing can be stated with certainty without looking at the documents
Neeraj Kumar
Responded 5 years ago
Now you have to move to the appellate Court with a better Advocate who can actually explain the matter to the court.
rupesh bodhane
Replied 5 years ago
sir now the case is in supreme court, i want to know as per my case limitation act 1965 sections 2 to 24 is the result going to be in my favor coz i also have additional documents like electricity bills and tax receipt till date on previous landlord name paid by us and original allotment letter.
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