• Police help in recovery of possession

Dear Sir, I own  21 cents of Agriland in my town.One of my relative have filed a civil case against me in 2002 for permanent injunction with fake lease deed and entered into my land , finally failed in all the lower courts and in second appeal too. In between the case my relative has subleased the land to a rowdy with a very big back ground. Now I have applied execution petition, My question is my opponent is a very big local rowdy as my lawyer is a pure Civil lawyer, I am afraid that how will I take the possession, that rowdy has put a tea stall making a Hut and also a Compound and Cultivating crops inside the land, but all the records are in my name. My lawyer has told me that  Police help can be taken from the Court later , but still is there any provision in Criminal side to take any police help for taking possession through Magistrate court after my Execution judgment. Or any other suggestions please .I am looking forward for your valuable opinion and thanks in advance.
Asked 9 months ago in Civil Law from Thirunindravur, Tamil Nadu
Dear Client, You can file criminal complaint through court against relative and Rowdy, u/s 420, 467, 468, 471, 102b IPC. That relative conspired with the rowdy and sublease/sold your property to him even when court declined his title in the property. Criminal trespass, cheating, forgery, criminal conspiracy. And, once execution is order, court official will go to recover possession of property with the aid of local police which cannot be postponed. Press on execution petition.
Yogendra Singh Rajawat
Advocate, Jaipur
6456 Answers
5 Consultations

4.7 on 5.0

To implement the order passed by civil court you can seek remedy under section 151 cpc for police help. Once the court passes order directing police implementing the order police is obliged to do so. If it fails to execute the order you can file writ petition in high court seeking issuance of writ of mandamus against police inaction. Once writ court passes order the police would-be bound to act as per direction of court.
Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

you should issue legal notice to rowdy to vacate possession of the premises 2) enclose copy of court orders 3)Civil Rule 208 provides for execution of a writ with the aid of police. Order 21 Rule 97 of the Code provides for adjudication of an application made thereunder complaining resistance and obstruction by any one in obtaining possession of the property by the holder of a decree for possession of immovable property or by the purchaser of any such property sold in execution of a decree. 4)court can grant police help to the decree holder under section 151 of the Civil Procedure Code, on an application under Order 21 Rule 35 of the Code filed by the decree holder. The order granting police help under section 151 of the Code is an ordinary mode or procedure to implement the execution of a decree.
Ajay Sethi
Advocate, Mumbai
54206 Answers
3251 Consultations

5.0 on 5.0

Dear client, You have to file a separate criminal.complaint against the trespassers with your local police station under IPC 447 , 449. No one is above law, even if your lawyer is a civil lawyer it does not make any difference in eyes of law pertaining to crime. Let your existing case go along with a fresh case under IPC 447.( kindly file immediately ) you can also add other sections in IPC covering death threat IPC 506 , criminal conspiracy 120B.
Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

Hello, Yes if the criminal activities are going on in your land and you are unable to take possession of your land due to his high handedness then the police will come to your help. You may move an application before the magistrate in order to take possession of the land. Regards
Anilesh Tewari
Advocate, New Delhi
13220 Answers
172 Consultations

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File application with the court under cpc 151order 21 to ask for police help in execution of order and getting possesion of your property. A police complaint can be made as Under the Indian Penal Code, 1860, any unlawful entry and trespass though you don't have physical possession but you.have the actual possession of the land by order of court.
Shubham Jhajharia
Advocate, Ahmedabad
9416 Answers
30 Consultations

5.0 on 5.0

Please file criminal complaint under jurisdiction police for trespass into your property against rowdy element along with your relative for forgery and fabricating false evidence in court. Secondly under civil law you can take police help through court to get back possession of your property. In case police don't accept your complaint move to jurisdiction court for filing private complaint under section 200 of crpc.
Swarnarka Chowdhury
Advocate, Mysore
1638 Answers
2 Consultations

5.0 on 5.0

In execution proceedings, a petition can be filed for obstruction and the court may grant sufficient security to clear the encroachment.
Rajaganapathy Ganesan
Advocate, Chennai
1159 Answers
8 Consultations

4.9 on 5.0

You may file a criminal case of trespassing into your property and force fully keeping in their possession. If you don't get help from the police station you may file same in the criminal court of the area.
Vimlesh Prasad Mishra
Advocate, Lucknow
3766 Answers
7 Consultations

4.9 on 5.0

1. Apply for temporary injunction in the court along with your execution petition. That would be of help. Then the Court will be able to give the requisite orders to the Police. 2. Consult municipal department of the area in which the land is situated about the legality of the opposite party opening a tea stall on an agricultural land. If it comes out to be illegal, you have one more ground in your favour to put in front of the magistrate while applying for temporary injunction. Also, the municipal department can demolish the tea stall installed by the opposite party. 3. There are provisions in CPC wherein you can ask the court to give instructions to police to help you.
Sagar Mongia
Advocate, New Delhi
7 Answers

4.0 on 5.0

Hi.., There are three ways in which a decree can be executed: 1. arrest and detention of the Principle Debtor. 2. Confiscation of the Property with the help of the Police and handing over to the Decree Holder. 3. Sale of the Property and handing out the proceeds of the sale to decree holder. You can opt for the second method, and bribe the policemen who are appointed, they will do the job. Thanks
Ramakant Singh
Advocate, Delhi
36 Answers
2 Consultations

4.0 on 5.0

Give a police compliant against your relative as he made a false document
Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

Make an application under order 21 Rule 35
Ajay Sethi
Advocate, Mumbai
54206 Answers
3251 Consultations

5.0 on 5.0

the application shall be filed under order 21 rule 97 for assistance of police to get the possession of immovable property when you hold a decree for immovable property. 97. Resistance or obstruction to possession of immovable property.- (1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Court complaining of such resistance or obstruction. (2) Where any application is made under sub-rule (1), the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.
Shubham Jhajharia
Advocate, Ahmedabad
9416 Answers
30 Consultations

5.0 on 5.0

You have still not got any degree or temporary injunction order in your favour. 1.You can file petition u/s 151 cpc for direction of court for police help. 2. If the court allows police to do the needful as per petition under CPC 151. 3. The local police on the basis of court order tries to implement the injunction order.
Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

File application under order 21 rule 97 since he is trying to obstruct you from getting possession of property. 151 is inherent power of court to make any order as it may deems fit.
Swarnarka Chowdhury
Advocate, Mysore
1638 Answers
2 Consultations

5.0 on 5.0

Once you get order of execution. You will get the police help to drag him out if your premises.
Prashant Nayak
Advocate, MUMBAI
3399 Answers
2 Consultations

4.8 on 5.0

Rule 35 will prevail until court executioner failed to recover possession.
Yogendra Singh Rajawat
Advocate, Jaipur
6456 Answers
5 Consultations

4.7 on 5.0

Dear Sir, You must say that you are in legal possession of property. Never say in any affidavit that you are ousted out from the possession. If such contention taken then you have to file again another suit for possession against the rowdy fellow and earlier plaintiff. Suit for permanent injunction was rejected but whether any finding was given that you are in legal possession. If it is so then ask your advocate to file application under section 151 CPC to extend police help to protect your possession and forget about illegal tea stall and temporary compound walls. If such application is rejected prefer appeal/revision.
Kishan Dutt Kalaskar
Advocate, Bengaluru
3174 Answers
59 Consultations

5.0 on 5.0

Once the case has been decided in your favor, your next step is to recover possession by filing an execution petition against the respondent. The person who is occupying the property is an unauthorised occupant, hence you need not bother about him, the court ameen with the help of police would dispossess him on the orders in the EP. You have to be in touch with the local police who assist the court ameen for execution of court order.
T Kalaiselvan
Advocate, Vellore
44151 Answers
502 Consultations

5.0 on 5.0

1) Civil Rule 208 provides for execution of a writ with the aid of police. Order 21 Rule 97 (or) 2) Under section 151 of the Civil Procedure Code, on an application under Order 21 Rule 35 ..so which one of the above should i follow in my case.Please advice.Thanks. Have you got an order decided by a writ petition through high court or by an order of the trial court. Why are you showing interest in the provisions of law when you have already engaged an advocate for this purpose. Your advocate will be knowing which provision of law to be applied under the given circumstances, have confidence in your lawyer who is handling your case.
T Kalaiselvan
Advocate, Vellore
44151 Answers
502 Consultations

5.0 on 5.0

move an application under 151 of the code of civil procedure. contact a local lawyer for the same
Anilesh Tewari
Advocate, New Delhi
13220 Answers
172 Consultations

5.0 on 5.0

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