• Rule 39 of crpc and grant of permanent injunction in favour of defendants

Respected sir,
1. My father purchased a land on 12 Oct 2002 through sale deed from the actual landlady, and the same also got mutated and endorsed in land and revenue department since 2002 and we are in peaceful possession of the same.

2. On 29 Jun 2012, we got to know that an false FIR has been registered against my father, me and my two brothers under IPC 467, 468, 420, 504, 506 by Aditya Dubey with collusion of local police, Aditya Dubey claimed that he purchased the land in 2009. Local Police authority was under the influence of land grabbers, however, the proceedings got entangled as my alias name was used as a separate person and Honourable Court asked the same from the investigating Officer. As the Investigating officer found himself in guilty and subsequently produced an application from Aditya Dubey on 20 Sep 2012 that he got the possession of land and does not wants to pursue the case and hence the final report was submitted by the Police Authorities.

3. Later on Aditya Dubey filed a civil suite against my father in the court and on 10 Mar 2017, his application of temporary injunction was rejected as he failed to compliance with i.e. prima facie case; balance of convenience; and irreparable injury, which are required to be considered in a proper perspective in the facts and circumstances of a particular case. However, he appealed in higher court and the court order of 10 Mar 2017 has been put on remand and hearing started once again and are under proceedings. 

4. My quest before the learned counsels are as under :-
 (a) My father purchased the land in 2002 and the same also got mutated whereas Aditya Dubey purchased the land in 2009 from the adjacent landlord but the Aarazi No is same.
(b) We purchased the land as Plot with all the chauhaddi clearly marked and stated in registered sale deed whereas the Land Grabber from whom Aditya Dubey purchased, procured the same as Agricultural land.
(c) Land and revenue department clearly submitted a report duly signed by the SDM stating that our possession is clear whereas the land grabber sold the same aaraji by carving plots and ingress and exit passages and had sold more land he procured. The same report was admitted by the Honble court and the order was passed on 10 Mar 2017 which was later on kept on remand by the higher court.
(d) We claimed the COUNTERCLAIM in our WS that permanent injunction be granted in our land admeasuring 1224 sq yards, as Aditya Dubey has procured only 225 sq yds then how come 1224 sq yds can become disputed for the cost of 225 yds.
(e) Land and revenue department had submitted a number of reports in which our possession is clearly stated whereas SYMBOLIC ENCROACHMENT of 225 sq yds in our land has been clearly mentioned.
(f) Please advise the methodology to obtain permanent injunction as our registered sale deed is of earlier date.
With deep and sincere regards 
Vidya Sagar Sharma
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

You have good case on merits

2) you would get permanent injunction restraining Dubey from disturbing your possession of land after trial

3) you should produce registered sale deed by which your father purchased property

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Hello,

It would be better if I can go through the papers . However it seems that your case is on right track and if pursued properly you will win the case.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Hi,

You are also suggested to file an application under section 340 of Cr PC for false statement to court by landgrabber and said Aditya Dubey. Further, file the application for permannet as sell as temporary injunctions.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

By virtue of taking possession in the year 2002, in the year 2017 you otherwise also become the owner of the land by means of adverse possession.

You have the absolute title of the land and you have all the documents in your name and therefore it is highly impossible that any court will pass an order against you.

Highlight before the court that you are just being harassed, and also bring before the court the proceedings of the FIR.

Also, you may file a counter case against the said person.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The documentary evidences in your possession namely registered sale deed document, mutation records from revenue department, utility bills and other relevant papers in your name are your strength.

You can fight on the basis of your documents, possession and enjoyment with balance of convenience in your side, you can get an injunction against him restraining him from interfering in your possession and enjoyment of the property.

Instead of depending on counter claim alone, you can file a suit for permanent injunction from your side also.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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