You are at liberty to carry on construction on plot
2) seek police assistance
3) you can post your own security guards on the site
4) if goons raje possession you can file case of criminal trespass against them under section 441 of IPC
Property Dispute with local goons
Hello, Case background: We have a empty land with all proper documents such as original deed, patta, municipal tax, building plan approval. Opposite party: Local goons having Unregistered deed stating that they received this property from court "receiver". This is fraudulent deed. Court case: Opposite party filed permanent injunction and declaration suit against us. This case has been dismissed with cost by sub-court and appeal(opp party) is pending with district court for more than a year because of vacant position of judge. Current issue We are planning to contruct but They are not allowing us to enter the property to construct. If we wait for the appeal then again they may go to next next court it will take more years to finalise. 1) What is the solution? 2) what will happen if opposite party enters and construct? 3) can we get support from cm cell? Collectorate ? Anyone ? Thanks
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
1. In the absence of any restrain/stay order from court you can proceed with the proposed construction.
You can lodge a criminal complaint with police if they try to stop you or you can file a permanent injunction against them to restrain them from interfering in your possession and enjoyment.
2. You can follow the above steps.
3. You can give a complaint to police and escalate it to the higher authorities.
You need to pursue the appeal and get it dismissed at the earliest. Till such time, it is not advisable to undertake construction there. If the other party indulges in any activity, give a police complaint, based on the court order dismissing their claim.
If there is no stay you can proceed with police help and to construction
1. Since, you are the absolute legal owner of that property and the original documents are with you, then you can lodge a complaint against the goons for the offence of trespassing
- Further, if police failed to lodge an FIR against them , then file a complaint before the Criminal court under section 200 read with section 156(3).
- Further, file the said compliant copy in the court of appeal for dismissing the order passed in his favor.
2. Further , you can also file a Mandatory & Permanent Injunction suit before the Court for evicting them and to restrain them from trespassing and constructing or selling that property.
3. No , benefit , if they are not familiar with you.
You can contact me, if further suggestion needed.
Dear client, I am sorry to hear that but during injunction period you cannot do construction or any other thing.
We sought police help but police is not helping and asking us to get the police protection from court since it is civil case police said they can't interfere unless court provides police protection order. I heard- police protection from the court is difficult to get for construction? What to do ? I don't have any good options left :( 1) selling the property means they are asking for half the price 2) police is not helping without court protection order 3) appeal case is pending for long time without judge. Even if we won the case in appeal, taking possession will still be at risk with goons involved. Since we are the defendant if appeal court dismiss the case then also not sure how to take possession. Goons will still obstruct.
Asked 2 years ago
Sell the property .better to cut your losses and move on in life
2) litigation is long drawn and expensive proposition
3) suits take over 10 years to be disposed of
Since the matter is subjudice the police may not come to your rescue.
Therefore you may have to either wait for the disposal of the appeal or you may also use your force when the goons are trying to stop your construction.
Your statement that the appeal is pending since long time due to vacancy of judge is not understandable because the in charge judge are taking up the urgent matters on the case and the circumstances basis.
If you are scared about the goons then you can name the goons in your police complaint and seek protection to your life from the hands of the goons, if the police is not responding properly then you can approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to police to give you protection.
You file a writ petition in HC it’s a only resort
I understand this is a difficult situation. It is important to follow legal procedures and not take any actions that may put you in legal trouble.
If the police are not providing assistance, then you can file a petition in the court seeking police protection. While it may be difficult to get police protection for a civil case involving construction, it is not impossible. You can also consider hiring private security to protect the property until the case is resolved.
Regarding the appeal case, it is important to continue pursuing it and seeking legal advice from a qualified lawyer. If the appeal is successful, then the court can issue an order for possession, which should be enforced by the police.
In the meantime, document any incidents of harassment or obstruction by the other party or their goons, as this can be used as evidence in court. Keep all communication with them civil and professional, and do not engage in any confrontations.
I would recommend seeking the advice of a lawyer who specializes in property and civil disputes to help guide you through this process. They can advise you on the best course of action based on the specific details of your case.