• Cheated the court and got injunction on government and private land

Land A was sud divisined into A1 and A2 70 years back ,. A1 belongs to private through purchase 25 years back A2 belongs to government , now a person X got an agreement from y who is his own friend saying that y have sold total extent of A to x and this is a unregistered agreement which was made 12 years back (This stamp paper was bought by Mr.X in 2011 (info from registration Dept through RTI)but the agreement was written as 2006 ) Mr X put a specific performance case on y . as Y is his own friend both colluded and he didn't answer court summons for which court gave an injunction against Y and his men. And X also succeeded in getting police aid for the same . This whole thing only came into the notice of the actual owner of the private A1 let's say mr.B. When police came and evicted Mr.B forcefully from his land . So my question 
1.is it possible for police to evict a rightful title holder even with out his name mentioned in the injunction order 
2 what measures can we take to keep our possession 
Mention - the only document evidence court considered was that unregistered agreement produced by X which is clearly fabricated from the evidence given by RTI 
By the way I am the B in this
Asked 7 years ago in Civil Law

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12 Answers

1)Police cannot interfere in any civil dispute unless there is an order by the competent court to them to protect the possession of the petitioner.

2) Unregistered  Agreement is valid up to 4 months of its creation. After that it is invalid. 

3) Land is an Immovable property and if anybody unlawfully occupy it or take unlawfull possession over it, remedy available with you is to sue him in Civil Law for lawfull possession and enjoyment of your property.
4)The Hon'ble Court will decide on the evidence i.e. property documents and finally pass orders against defendant to not to enter into your property and make permanent injunction on the property.

Approach a better Advocate for further assistance…


Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Police will go ahead as per court order and not anything on their own.

2. You have to file an injunction suit immediately besides filing a petition to implead yourself as necessary party to that suit by which he got an exparte order.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) you have to take legal proceedings to set aside injunction order 

 

2) mention that agreement is fabricate as is evident from fact that stamp paper is of year 2011 but agreement of year 2006 

 

3) police have colluded with X to act in contravention of court orders 

 

4) you have to seek declaration that you are absolute owner of said land 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

1) it appears that police have collided with parties to forcibly evict you from your land 

 

2) take legal proceedings to set aside stay order 

 

3) file intervenor application in the pending case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1 Approach high court for stay on execution and further implead you as party in the proceedings and remand matter back.

2 .File an FIR before police for this cheating, fraud.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir if the order is the Y and his man cannot enter the police cannot evict you though you need to either get clarification on order if police is not operating as per order and has to get the execution of order stayed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The order of injunction is to be seen. In general the order of temporary injunction is never passed in such manner. Only of there is decree of permanent injunction then only such kind of dispossession is possible.

2. Apply for addition of party in the same suit and then file a petition for vacating the order of temporary injunction.

If decree is already passed then you can file a separate suit.

3. if the order is silent on forceful dispossession then reenter the land.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You may immediately report about the police excess matter to the commissioner of police and also file an emergent petition before concerned court seeking injunction restraining police from indulging in such illegal acts which are beyond their limits and also you may immediately send a complaint against the corrupted police before State human rights commission for relief and remedy against the police.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Only if the court has passed a specific order of eviction from the said property then eviction can be done through courts order through police help. If you have only unregistered agreement you need to rely on the same as no other evidence is in your possession

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. As per the information mentioned in the present query, make sit clear that this is a very arbitary power exercised by the police.
  2. When their eis a clear order for compliance which do jot talk about the eviction of the family the how could police do that.
  3. In fact, the aggrieved party should move before the civil court of law, under the Writ justification for challenging the action of the police, violating the rights of the person so aggrieved.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If there is any court's order then please approach that court and request to be implead as a party so that you can put up your grievance without which no body will come to your help and it is suggested to take immediate step otherwise time is going fast.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The land was partitioned and you hold the title to A1 but due to the collusion you have been evicted by  and y. Now you should file a case by impleading yourself in the case which is pending between x and y as you are a necessary and proper party and the real aggrieved person. Moreover an interim order should be obtained from the court otherwise file a writ petition in the hc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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