Case for partition of land
I bought 19 cents of land from my neighbour( Who is having 38 cents). As per the document it says
1) My part (19 cents) in 38 cent is half of the northern of the land available
2) In the 38 cent we have a Well (digged for irrigation purpose). In the document it says, northern half of the well belongs to us and southern half is for the seller. There is wall separating my part and my seller part.
Here issue is the seller is not ready to split the partition of the 38 cents. myself filed a case for partition as per the document. At that time, the seller having connection with a government survoyer, he tried to do partition as per his convenience and not as per document.
Court calls for a commission and appoint a advocate for survey. He came and investigated and said, if government surveyor gives report , i will submit the same to court with his views.
As government surveyor is not ready to do partition as per document, i went and complained to CM cell. Because of the same, he finally convinced and gave the report as per my document.
Now the issue is after government surveyor submit the report to commission, the commission incharge (appointed by court ) was not ready to submit the report to court. He is also trying to give report as per my sellers convenience, but not as per document. They try to do partition - that will Block me to go out of my land.
Somehow i managed to get a correct partition report from government surveyor, but the commission incharge was creating a problem now. He is threatening me that ,i will change the report and give the report as per my opposite parties convenience.
As he is a government advocate, i dont know how to face this issue. I need justice and partition as per my document. But my seller is trying to do a wrong partition, that will block me from going out of the land. The reason behind this issue is the seller gave money to the government surveyor and the commission incharge appointed by court .
How to face this commission incharge and make him to give correct report as per my document. Shall i file a complaint in BAR Council. Did BAR Council will help me in this regard.
This is my first question
My second question is , if a government property is unknowingly not mentioned in any of the government records. It was occupied by my neighbour, did government have rights to take it to government control. BEcause as per government sketch records, a 10 feet canal was not available. That was exist between my land and my neighbour land. That 10 feet canal was encroached by my neighbour, and he is threatening me, that canal pertains to him only. As per records, his land border ends before 10 feet from my land. How to approach this issue to take this encroached land from my neighbour hand and give it to government hand. This canal will pave the path way for many neighbour land inside.
Asked 2 years ago in Property Law from Coimbatore, Tamil Nadu
1) commissioner appointed by court has to give reasons why he differs with the written report of govt surveyor
2) no need to complain to bar council against the commissioner . Let him submit his report
3) if your neighbour has encroached on govt land lodge complaint in this regard with the authorities
4) file RTI application as to what action has been taken n your complaint
5) if no action taken file writ petition in HC in this regard
The court appointed advocate commissioner cannot say that he will give a report supporting the seller's recommendation after receiving some money from him. Were you available during the execution of commission, whether he got the spot inspection memo signed by the parties?, whether your advocate was present on the sport during execution? Have you given a memo to the commissioner on the spot about your side representation ? If you're not satisfied about the commissioner's report and feel that he has excluded the vital issues, extract the details by cross examining him and file a memo for appointing a new commissioner by pointing out the flaws and lacunae committed by the previous commissioner.
For canal land, you may move an application to the tehsildar or District land revenue department about this encroachment with details, they will visit the spot survey it and restore them as per law.
Is your case build up as per document, then court will decreed as per the relief sought in the suit filed by you. Don't worry about the commissioner's report.After filing the report of commissioner, You should file objection to the commissioner report and file a new petition to remand back to the commissioner's report and appoint new commissioner for filing a report after inspecting the property with new sketch as per documents relied by you. Definitely court will order after hearing and giving opportunity to other party. The other things mention in your query is new case and you will file complaint or case before the concern authority(Revenue department/ irrigation department )
1. You cannot stop him from giving the report which according to his understanding is the correct factual report. If you have any evidence to prove his complicity with the opposite party then you can draw the attention of the court to it. It is for the court to accept or reject the report of the commissioner.
2. Bar Council has no role to play in this.
3. Government can initiate the legal process to evict the trespassers at anytime from the property owned by it.