Dear Sir/Ma’am, My mother has a property in Lucknow, which has been bought in 1991. In the year 2006 it has been illegally acquired by some unknown person, later got to know the entire details of the other party.We have also registered a case under Civil Judge South-Junior Division in lucknow in the very same year (2006). Now the person who acquired the land has constructed an entire house on that property and not him but some other party is living into that house from 2009-2010. Also as per my knowledge the electricity bill and other bills are also been coming on the name of the other party’s name. We have been present in the court for couple of dates in the court and the opposite party never came and neither they received the court notice.Because of my mother illness and my Education nobody went for the case dates in the court from past 2-3 years.And since I am graduate now and also working, I can handle the case and ready to attend all the dates.So I want to revive my case with strong will of mine. What could be our rights and what kind of further legal and “strong actions” we can take against them?
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1) was sale deed wherein your mother purchased property duly stamped and registered?
2) if in 2006 some one had encroached on your land did you file police complaint ?
3) what is nature of case filed by you in 2006 ? what are reliefs claimed ?
4) when construction was being carried out on your land did you move court for an injunction restraining further construction ?
5)if Op did not turn up in court did you apply for exparte decree?
6) what is present status of case ?
You could also file a criminal case. that ways you could get them penalised and it would mount pressure on them too.
file a criminal case againts them at the same time also initiate proceedings in civil court
I really appreciate the response by Mr.Ajay & Miss.Tulika.Thank you so much Sir/Ma'am
Thank you so much Sir Rajeev!
thanks for your appreciation
my pleasure
In reply of your question Sir Ajay... 1. Yes,as the property was purchased from a government society, it was duly stamped and register as per my knowledge. 2.Our advocate, with the help of whom we have filed the suit,didn't guide as to file a F.I.R. in the nearest police station.Though in the year 2010, I myself went to the local P.S. of that area and stated all the story in fron of the S.I., also gave an application, which I think they didn't registered in the records, neither I took any copy of that. I think our advocate was also in touch with the Op party. 3.The nature of case was Civil, and for reliefs , I dn't think so that our advocate took any initiative for that.Also I am looking for a good and trust worthy lawyer who can actualy understand his profession and can realy do his/her work with his/her true dedication. 4. For construction, we gave an application in the court for making the construction as it was till the time we filed this suit.But nothing has happened and the other party, kept on constructing on the above said premises.And now since then 2007-2008 they have constructed a whole house on that property. 5.No, the advocate didn't even guided us for making them an Ex party. 6.Current status is in pending situation since 2-3 yrs.And that's why with my entire devotion, I myself want to carry this proceedings further.With all the efforts I can put from ny side. Everything has been so messed up that we couldn't even understand what was happening.
would they be having the advantage of Adverse Possession???
after september 2011 judgement of Supreme court by Justice Dalvair Bhandari,in Mukesh Kumar Vs State of Haryana ,the court does not see adverse possession as a right
it is surprising that when opposite party did not appear nor file his appearance your lawyer did not press for exparte reliefs . you could easily have got stay on further construction if opposite party did not appear . since no written statement has been filed by OP till date your lawyer can obtain exparte decree
if you are not happy with your lawyer you can engage another advocate if you so desire
Sir,now it has been almost 3yrs, that no one has attended the case neither us nor they.And from next week onwards, I am going to make that appeal again or will start taking initiative on the same case.What further steps I should take before reviving the case again? As the OP party have never attended any dates and initially we did.Also they are known defaulters of their area and are indulge into criminal activities also. Sir, If you can, please let me know some steps that I should keep in mind when I go to revive the case.How I can proceed further?
check latest position in your case . obtain copy of roznama (it is record of what happened on various dates) . contact another lawyer with your case papers . take his opinion and proceed accordingly
Sir, also keeping in mind, the party who is indulge in the encroachment and the part who's living in the premises are two different entities.Neither we have any idea about who they are. So should we make them a party also and drag them into the court as well?
yes both have to be made parties to the suit
Sir,after hearing all the things,what do you think, what chances we have or what hope we have winning this case?
cause of action is in your favour
without going through the suit filed by you , documents in your possession it would not be prudent to advise . it appears you have strong case on merits
Thank you so much Sir Rajeev!
my pleasure
Thank you so much Sir Ajay!
thanks for your appreciation