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 2 years ago in Civil Law
Sir, Please you have mentioned two option:
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.
Asked 2 years ago