Construction on a disputed property
There is a person in my office who has purchased a 600sqft plot on 27th Aug, 2019 in LucknowWhen mutation took place, the brother of the seller filed an objection into Tehsildar court. His objection was dismissed by the Tehsildar and mutation took place in February, 2020 Which eventually started showing on the internet. When the owner of the plot went on to start his construction work, we got to know from the SDM Bakshi ka Talab, lko that there is a pending suit between two brothers i.e., the seller of the plot and his brother under Bhulekh adhiniyum section 144 since 13th September, 2019.
Our registry was done on 27th august, 2019, suit between those two parties were filed on 13th september, 2019 that means our registry was done before the suit was filed.
Secondly, since the suit was pending in the SDM court, still the mutation took place.
And now SDM Bakshi ka Talab, lko is saying that since the case is pending in the court, we cannot permit you to do construction on your 600 sqft plot.
I want to know that, the suit filed in the SDM court is between two brothers. We are not a party in it, can the construction be started on that plot? There is no stay on the plot of any kind, be it for selling/buying or any construction activity.