i had purchased a plot in 1989 from a firm of real estate which has a land of two adjoining village belong to different district of state. Firm was execute a sale deed of share (8M) from land of one village and firm gave a possession of plot. At the time of possession i did not know the said plot falls either fully or partially in other village land. About 8 years later(1997) ,Firm was dissolve and one of the partner of the firm, who have share of land (Roads and parks) in other village ,had dispossessed my possession and told its not your plot then said plot is sold to other one.To get back plot what we have to do
Asked 3 years ago in Civil Law from Karnal, Haryana
contact local lawyer. issue legal notice and file suit for possession
File a suit for possession against the seller and purchaser. The road to possession will not be smooth due to the delay on your part in moving to court. Impeaching third party rights is never easy. You ought to have initiated legal action the moment you were dispossessed.
i filled a police complaint of 420 against the seller in 1998 and under inquiry other partners of firm gave a statement
that we had already give a possession to me in 1989 and the partner who did illegal possession of your plot is no more member of a firm and we are not responsible. the partner who did illegal possession admit that he did wrong with me. but on jurisdiction ground that no further action taken by police and FIR was dismissed.
Asked 3 years ago
my dear sir you ought to have filed civil suit . mere criminal complaint is not sufficient . now rely upon statement made by accused in criminal complaint for your civil case . you will have to explain the 15 years delay in filing civil suit for possession
1. A declaratory suit should have been filed long back,
2. It has now become barred by limitation.
you can try your luck . make application for condonation of delay . you filed only criminal complaint based on legal advice
Criminal complaint was not going to suffice. You ought to have filed a suit for possession. The only way now is to file the said suit without any more delay and prosecute it with diligence.