• I want to again suit a file to recover my property

I have a land. one of person aquired. he constructed home. he has no legal documents. but becuase of our witness he win the case. our witness supported our opposition party. but we have all legal documents. is there any chance to recase based on documents?
Asked 6 years ago in Property Law
Religion: Muslim

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18 Answers

You should file appeal against the order passed by trial court dismissing your case 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

It is necessary to peruse order passed by trial court to advice further 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Dear sir,

You have full power to get back the possession of your land. Recourse for you is to file a suit read with section 5 Specific relief act, 1963 on the basis of your documents.you also have recourse where your witness has turn hostile under section 154 of the indian evidence act. You can contact me for further consultation.

 

hope this solves your query.

YUGANSHU SHARMA

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
1024 Answers
2 Consultations

Your own witness deposed against you, hence loose the case, 

Don't mind, but the battle is almost over for you,

If Appeal also rejected, file another appeal in higher court 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

No fresh suit maintainable on same cause of action. What documents you have ?

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Please go in appeal with the proof that the witness has become hostile on the basis of money or cheating at once.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You will have to file an appeal against the said order 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you may say the same before the appellate court that the statement of the witness do not corroborate with the documents in hand and hence the witnesses can not be relied upon 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Were the said documents filed with your said case?  If not then you can't file it in appeal. You will need strong grounds as to why such documents not filed in trial is filed in appeal

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

Dear Sir,

Please share full documents to discuss the case after verification of documents.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The person has encroached upon your land and has constructed a house. You should file a case in the civil court for his dispossession and subsequent demolition of the house based upon the documents.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can go in appeal before the higher court you cannot file case below on same cause of action.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See fresh suit cannot be filed it is barred by res judicata principal.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Dear sir

If some how you can prove that the witness have some influence by the opposite party and he has taken some consideration(Money) from the other party then your revision can be accepted in the high court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can prefer an appeal after obtaining legal opinion from a different lawyer other than who conducted your case, so that you will get a proper opinion to prefer an appeal against the aggrieved judgment  

T Kalaiselvan
Advocate, Vellore
90072 Answers
2501 Consultations

If you cannot maintain your witness then it is your problem, however you may look for other supporting evidences namely the documents lying in your name and prefer an appeal.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2501 Consultations

  1. As per the information mentioned in the present query, makes it clear that on the basis of the witnesses solely, civil cases can’t be decided ( I am assuming that you would have filed a suit for possession of the property).
  2. There are ample of case laws which say that civil matter cannot be rejected to get admitted in appeal or decided by the lower court only in the basis of the witness statements as there are high possibility of a person saying lie before the court of law.
  3. You should file an appeal to the High Court and then to the Supreme Court of India, but should not give away your right to contest the same as they have no legal documents to show their rutile over the property in question.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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