My aboriginal(ST) grand parents had exchange 0.78 acre land with non ST party with written documents without obtaining permission from competent authority in 1962.The party has now not at all agree to leave the case land in spite of verdict of Lower Court instead he appealed in High Court.
Asked 1 year ago in Property Law from Sambalpur, Odisha
Will verdict of High Court be in my favour ?
Asked 1 year ago
Since appeal is pending before HC you have to wait for disposal of appeal
2) yiu cannot take execution proceedings still appeal is disposed of
1) without going through the case papers , order passed by trial court we cannot say whether HC woukd decide in your favour or not
My Self belong to back ward class (S.T) .My land Un- authorised occupied by non tribal part. because there is exchange of land between them and us in the form of document in year 1962 but no permission was obtained from competent authority for transferring the case land by the way of exchange ,sub-collector passed order for restoring the case in favour of us, R.I gave physical possession of the case land and now party appealed in High Court against additional district magistrate, sub-collector, me and my brother so can I occupy the case land . More one thing party has constrcted house so l would like to know can I occupy the case land?
Asked 1 year ago
The losing party always has the right to adopt the statutory remedy of filing an appeal wherever the stature provides it. The HC can set aside the verdict of the lower court. Nobody can foretell whether the judgment of the HC will be in this or that corner.
1)permission from competent authority was must for transfer of land belonging to ST
2) you cannot occupy the case land pending hearing and final disposal of the appeal