Perfect case for filing writ petition in high court
Sir, kindly study the case thoroughly and advice me."D" is my grand mother.Property is under dispute since 2013. 1.A got 22 cent for lease from father.. 2.Then A given 11 cent to B for lease. 3.Then B given it to C,and finally C to D.After land reform act D got patta for 11 cent from Land tribunal-L1 4.A also got patta for remaining 11 cent from Land tribunal-1 5.After 10 years A destroyed patta from Land Tribunal-1 and by hiding previous transaction and loopholes in local measurement system, got 18 cent patta from land tribunal-L2. 6.Then A transferred 18 cent title to descents(actual land under A's possession during that time was 13.72 cent,including excess 2.72 cent) 7.After 30 years Descents of A claiming right over property occupied and possessed by descents of D. Main obstacle: 1.No document available in Taluk office for A's 1st patta from Land Tribunal-L1 (land Tribunal dissolved) 2.A road was going through the property.This disputed property is at the opposite side of my house.Now they are arguing that disputed land has been under their possession. 3.All the measurements in documents were in local measurement system(aashari Kol).It is not definite,varies slightly from place to place.However there is a common conversion system used by revenue and registration officials but it is not written anywhere.Nothing is available under RTI. 4.Commission is not considering previous documents,they are just surveying as per new false document.From their report a leymen will think that part of D's property (belonging D's home=undisputed) is not the part of A's 1st document. 5.Commission is not competent,Although surveyors submit correct Plan of the property,commission always giving wrong and confusing information. 6.A's descents has been paining Tax for 18 cent until disputed. 8.In encumbrance certificate transaction are shown correctly.Ancient local measurement is shown correctly.As per their certificate,22-11=18.They mentioned equivalent measurement of local measurement are 22 and 11 cent correctly however 18 cent is shown wrongly. 9.I can not argue with him,I can not enter into disputed property,He is misusing political influence and SC atrocity acts.He is a Rowdy.I am surviving because of mobile camera. Favourable points; 1.East-west north-south Measurement given in As descents new document is same as that given in 1st document of A.(measurement corresponds to 11 cent property not deduced) 2.Their east-west north-south measurement are not covering property properly.But D's measurement are perfect and cover property entirely. 3.D's Descents possess all documents until disputed, possession certificate,Tax receipt,Legal heir certificate,correct Encumbrance certificate,patta,Proper Deed.
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1) you need orders passed by land tribunal wherein parts was given to D for 11 cents of land
2) then file suit to set aside patta given for 18 cents of land in favour of A
Better file civil suit and get injunction agasint the encroachment of land and prohibition to interfere with your peaceful possession.
D must be having lease trasfer docuemtns ? from A to D.
Also in absence of any title document, you are entitle to ownership by adverse possession. For this declaration from court will require.
I don't have much knowledge about legal process.Kindly forgive me and answer the below questions. 1.Adv. Prashant Nayak sir Thankyou sir.First time I came to know about this civil writ facility at highcourt. 2.Adv. Ajay sethi sir If one get any document which is issued before 1980 from kerala revenue department he might be lucky especially in my district.I will file an RTI, hoping for the best. Now the suit which is filed against me (by opponents) is in the final stage of hearing(since 2013).Should I file a new suit to set aside their 18 cent patta in the same court.If I filed that suit, will the court consider it separatley or along with the suit filed by them? .Will it create more time delay in getting justice.? Thankyou sir 3. Adv.Yongendra Singh Rajavat sir I have certified copies of all lease documents taken from sub registrar ofice. Now the suit which is filed against me (by opponents) is in the final stage of hearing(since 2013).Should I file a new suit to get injunction agasint the encroachment of land and prohibition to interfere with your peaceful possession.If I filed that suit, will the court consider it separatley or along with the suit filed by them? .Will it create more time delay in getting justice.? Thankyou sir To All Advocates: 1.please mention the suitability of this case for civil writ at high court. Approximate time of getting verdict? (We are not financialy very sound,we can afford maximum 1lakh per year for this purpose) 2.One important question: how to deal with the corrupt comissioner who is submitting 3 different and ambiguous report different time without checking old documents even I requested multiple times.
You had to file cross claim in same suit. Well, no issue you can file but with same cause of action, interim relief will depend on first suit order.
You can make application for amendment of plaint to set aside transfer of 18 cents of land in favour of A
2) don’t file any fresh suit or writ
3)disposal depends upon pendency of cases
Dear
You should file a writ petition in High court against revenue department for production of old documents and get the patta no. Corrected as per transfers of 11 cents on name of D.