• Land illegally taken and false petition filed by person

Dear Lawyers,

I have a land in village which a person whose house is near to it, is claiming it to be his and has filed a petition on court. The court has put a stay order on land and marked it disputed. He is playing victim by showing himself as poor guy  whose land is in danger from rich people like us.
 The entire Village, Village Pradhan and Panchayat know that Land is ours and is supporting us but then also he is fighting for the land.  In the Panchayat meeting, land grabber told that the land does not belong to him  but he will take it forcefully and no one can do anything about it.  The pachayat has given a written statement in confirming that.
Now the Land grabber has also started constructing a new house in his land and opening a Gate towards the disputed. Once he does that the disputed land will be easily under his control.
 We don’t stay in village and this fellow is using this for his advantage. The Land is under Abadi and is with our family since our great great grandfather. The boundary is broken but the bricks can be easily seen. 
We have two ladies living in our house whom he is threatening.  The Disputed Land is near to his house rather than ours. We have some old pictures with us for the land too. We have filled police complaint as well.
What to do?
Asked 3 years ago in Property Law from Amethi, Uttar Pradesh
Religion: Hindu
1. Since you claim this land to be yours, you must have necessary title deed to support this contention.

2. if that is so then you should have acted in more pro-active manner.

3. now without wasting time anymore, file a civil suit for declaration and injunction so he may not encroach in your land.

4. To put more pressure you may file criminal case of trespassing as well.

5. Since villagers are in your support, you should not find it difficult to win the case.
Good luck.
Devajyoti Barman
Advocate, Kolkata
13188 Answers
175 Consultations

5.0 on 5.0

1) if land grabber is threatening ladies record the threats . 

2) file complaint under section 506  of IPC  for criminal intimidation 

3) land grabber is free to carry on construction in his land . 

4) contest suit filed by land grabber on merits . rely upon evidence of villagers to prove that you are the owner of land 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

1. Since this person has claimed to be the owner of the land and has succeeded in obtaining a stay order from the court you should contest his case on merits. It seems that you somewhere missed the bus in so far as taking proactive steps to stop him from getting a stay order are concerned.

2. What the village pradhan and the panchayat believe is no consequence to the court. The court will base its finding on proof alone.

3. You can challenge the stay order in a higher court. 

4. You cannot stop him from constructing anything on his land. 

5. The title deed of the property will throw light on the ownership to the land.

6. Contest his case in the court to save your land. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

Most probably the court granted only temporary stay. So you have to appear before the court and contest the matter with the help of lawyer. If you have clear marketable title over the property then he could not win.

 The village peoples, who are ready to give evidence that the disputed land is yours then adduce evidence at the time of trial, Contest his case in the court properly .File a complaint against the grabber before concern police station ,if they are not taken the case move it on Judicial first class magistrate court.
Ajay N S
Advocate, Ernakulam
2828 Answers
47 Consultations

5.0 on 5.0

1. What petition has he filed before the Court?

2. How is he claiming the said land as his? Has he submitted any document in support of his claim?

3. You have photographs and also other valid documents including panchayat's written statement evidencing that you were in possession of the said land,

4. File an application u/s156(3) of Cr.P.C.praying  for a direction upon the police to investigate and act based on your complaint,

5. You cannot however stop him from opening a gate towards the disputed land. You need not worry now since there has already been a stay order on the said disputed land.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

You should challenge this stay order in appeal. file an appeal against the stay order before senior division court under Clause (r) of rule 1 of Order 43 of the C.P.C. temporary injunction or stay order is granted under order 39 of c.p.c. if the person to whom stay order is granted has no irreparable loss, not bearing balance of convenience then he has no right to get stay against the land.  you can challenge it on these grounds : his house is near the land. he has opportunity to grab it, property has not been his possession.
you should file appeal and place statements of all the person on affidavit that said land belongs to yours. in the appeal you can pray for expeditiously hearing of the suit ( Basant Lal And Ors. vs Addl. Judge Small Causes Court And others, Allahabad high court) 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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