• Aabadi land

Sir my family having a aabadi land since 1937 in my village. My father-in-law build a well on the land in between 1950 and 1960 and I build a temple at the part of the same land in the year 2007 and put a stone on the name of my in lows. My husband and I was working and my husband was posted out of station. That period 1993 to 1997 in our area is under Bandobast and some person who was a volinter in khel kud mantralaya (nehru youa Kendra) which is a central government origination he put a letter of the Nehru youa Kendra for allotment the land on the name of sanghtan. But the Bandobast officer did not change the use of land and did not taken legal advice as Kanungo give the advice to take legal advice and even today the land use is aabadi. But the sangthan who’s name land was allotted they give our RTI reply that they did not apply for any land allotment. but the person who done the game he registered a club with some other person of village and hold the land. We have not know the truth but in the month of May 2016 they started to build boundarwall we have argued with that people and gone to administration for investigation. We also go to SIT Special investigation team. The SIT find that the land allotted to sanghtan is wrong and SDM give us permission for file a case to cancel the order. Other side that they file a case in civil court on the name of club/Sansthan for stay and after investigation we have file a case in SDM court The SDM find the case ilegle and give a dission for earlier order will be suspended further date of order and no legal tital for sangthan because the Nehru youa Kendra because their letter was base for allotment the land who was legal name on the land give in writing that they have no land and do not want the fight the case. 

My question is that is they right for fite the case on the ground of kabja as the club is want to grab the land and they are more than 11 person and having proof of Khel kud Karyakaram
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

1) nosuit can be filed merely on grounds of adverse possession

2)adverse possession can only be claimed as defence

3) club has no right , title , interest in said land

4) SIT has found allotment of land to club illegal

5) further Nehru yog Kendra has in court mentioned that do not want to contest the case

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) with forgery documents may be they can try to prove and they can file civil suit.

2) It will be better to wait for the outcome of the aforesaid suit thereafter file a criminal complaint.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello

The land is an abadi land and hence it's right title and interest can only be challenged in the revenue courts. It has been challenged and therefore you should fight the case. CO..SOC AND DDC are the three authorities before which your case will go to. A kabza does not imply ownership as you must be having land papers and hence the same should be challenged as It is illegal.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Client,

This is a case of encroachment. You should have file criminal complaint. Hope land is in active possession of you.

No case maintainable and land situated in rural area, no jurisdiction of session court to try suit related to rural land.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

Be any motive, they will be treated as land grabbers and they can't claim authority over the land.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

It is a clear cut case of land grabbing in the name of a fictitious sports institution.

Since it is your property and you have documentary evidences to prove the same, you may file a suit for declaration of title and also for mandatory injunction against them restraining them from interfering in your possession and enjoyment of the same in any manner and also to remove the structures raised by them in your land.

The orders of SDM cancelling their allotment would go a long way to rescue you from this crisis.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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