Court would order demolition of construction done on your land in case sale deed is set aside
Effect while disposing the case -Construction raised in pending suit when there was no stay by Court
Backdrop of Court case : Plaintiff has filed partition suit against brother and one builder who purchased entire OPEN LAND, ignoring the share of plaintiff being lady. Plaintiff filed partition suit with interim application to restrain the Defendants from creating the third party interest and to construct any part on the suit land. Application was rejected by Ld. TC, presuming that plaintiff has no share in the suit property (In short the Ld TC has given the judgment of main suit in the proceeding of interim application, which is not fair) Plaintiff moved in Appellate Court, where the court set aside the TC order. Defendants therefore moved writ in HC, where HC substituted the order of LAC by keeping one flat as a security till disposal of the suit and empowered the TC to consider and grant appropriate relief, while passing of the judgment. The builder has almost completed the building, taking advantage, when there was no stay from Court. After substituting the order of LAC by HC, plaintiff filed the amendment application, mentioning there was error in calculation in respect of area of open land hence the said area should be corrected by increasing double of the previous area. The amendment is allowed by TC, accordingly, plaintiff submitted the corrected plaint and paid necessary extra stamp. The plaintiff also prayed to declare "the sale-deed illegal and not binding on plaintiff being illegal. The plaintiff also prayed to demolish the illegal construction. Now the question ; Assuming that, TC decreed my suit accepting my share, whatever prayed in the suit. under this order, whether court will pass the order to demolish the construction ? for two reasons (1) if it is constructed on my share, accepted by Court and (2) if sale-deed is declared by the court null void and illegal. Please post any citations in this regards, if possible. Thanks.
Asked 6 years ago in Civil Law
9 Answers
1. Unless and until you seek decree of mandatory injunction the court can not ass decree on demolishing any structure. Moreover of your share does not touch other area you seek demolition the court would not do so.
2. Declaring the sale deed as null and void does not ipso facto warrant demolition of any stricture by court .
1. If your share is allowed the court can order of demolition or share in the flats as constructed as per your share.
2. Yes based on the order the sale deed may be declared void and mau be set aside.
Demolition is slightly dicy but it will definitely cancel the sale deed. It even has discretion to order demolition
1.Court will pass the order demolish the structure on your share so try to obtain court's order without which it is not possible, court during the proceedings if is satisfied that the sale deed is illegal then can declare sale deed as null and void.
Once court passed order that area in question belongs to you than your hold on construction will sustain automatically, You can demolish it or Court will give you an option to demolish at the cost of builder or retain it.
Since you have prayed for demolition of the illegal construction of a structure made in your share of property, the court will ascertain your share of property by appointing an advocate commissioner to inspect the suit proeprty and divide the same by metes and bounds and good and bad soil, if the property is indivisible then the court may bring the entire property into auction sale and and disburse the sale consideration amount to the shareholders as per respective share in the property.
- As per the information mentioned in the present query, makes it clear that the TC were erred in the initial order, but later on it was right to some extent.
- Yes, if the decree would be coming in your favour then there is all possibility that court would order for the demolition on your share only.
- Even if the sale deed is declared null and void still your share will be there in the property and only the portion over there will get demolished.
- In either of the cases, your share will be yours only and if anything exists on it then it has to be go down.
Yes court can order the demolision of building if it is on your share of land. And sale deed is found null and void
