Hi, I have dispute over path to access my house as well as agri land since my house is a isolated house situated in agri land. I was using this path since 30-35 back. This path is under the ownership of other parties. Now since that cost of land is high and they are demanding higher rates. They were regularly interfering in the usage of the path. I am a defense employee. I approach to Deputy commissioner court under section 150 of punjab land revenue act. DC mark his subordinate. The proceeding was under progress. By getting the information the the opposite parties try to demolish the existing path. my family member lodge a police complaint and I also intimate the office of DC by fax immediately. In spite of that they got success in their evil mission and finally demolish the path and cultivate it to sow some crops. They succeed to change the nature of land and also file a civil suit to restrain us in the ownership and possession in the court of SDM and apply for rule 39 order 1 &2 under section 151 of CPC. The court pass a order in my favour unconditionally peaceful usage of path over the suit property. aggrieved with this order they approach to session court in vacation period for ex party stay to impugned order valid for 6 days. They illegally get the benefit of this stay order and ultimately cultivate the existing path and lock my house as well fields. I have no alternative path. Now i am my family is in the crisis stage. My family feel locked in the house. I want immediate relief to access my house. please provide suitable advise to seek justice, Thanks.
Asked in Property Law from Sirsa, Haryana
1) You have to make application for setting aside exparte order after issue of
Notice to plaintiffs
2) mention that there is no right of access to your house and your family cannot move out of house
3) rely upon photographs and other evidence if any that you had used path for many years
4) court will vacate stay order
1. You have stated that they illegally got the benefit of the stay order, but how did this happen? If the session court has reversed the order of the SDM the rights which have been exercised by them subsequent to the session court order cannot be tainted with illegality.
2. You are at liberty to challenge the Session court order in the High Court.
File an appeal against the stay order obtained by them showing the urgency in the matter as your right to easement has been affected severely. Hence by showing evidence in the form of photographs show the inconvenience caused and argue on merits showing the illegality of the order.
You have to file petition to vacate the stay against you and go for execution of the lower court judgement in your favor.
The easement rights cannot be denied especially if it has been under long usage.
You may even lodge police complaint against them if they are found to be in excess.
court already had summoned in this regard but give next date for final arguement
Asked 2 years ago
1) wait for next date and argue your case
2) engage a senior counsel for arguments
Then you wait for the outcome of the court verdict on the subject issue and then come back with the query about opinion to the verdict.
If the next date is for arguments then let your lawyer address the court on merits. There is nothing which can be done now.