Supreme Court Of India: Ruling on legal owner use of force
I am a legal owner and in possession since 1366 F of a land in Dehra Dun. A person claimed a piece of land within boundary of my land. He also filed a false complainant case u/s 504etc IPC in 1999 against me & my wife .He has produced witnesses to show that we have demolished his shed/two room set .I have learnt that there is Supreme Court ruling that legal owner can use force to protect his property against illegal claimant/trespasser.
I had constructed a boundary wall around the above land. The same person along his family with the help of labors demolished the boundary wall. FIR u/s 147&427 IPC was filed Hon'able CJM passed
an order on my application that the cases being cross will be heard
together. Hon'able JM passed an order on Govt Counsel application u/s319CrPc that other members of the person be made party. They
have moved a revision and got stay order in the State case from District&Session Judge. Although CJM has passed an order that the cases will be heard together on pressure of the other party J M insists that complainant case will proceed contrary to above CJM order.
Hon'able CJM passed an order that State case & complainant case being cross cases will be heard together. State case is stayed.Simultaneously complaintant should be stayed.Please Advice