Possession

HARiSH SHARMA (Querist) 14 October 2012 This query is : Resolved
we r plaintiffs we have file a suit of injunction in the court of civil judge junior div. Kanpur for 'possesion' of a krishi land area 0.6280 hectaire situated at kanpur dehat u.p. we lives in agra u.p. our father is passed away in 1995 . After father's death transfered that property is in favour of us in ducument (khasra,khatauni ) nd we said in our plaint we have possesion when we came agra at time of holi defendents said that i will possese your land nd cut your fasal . but in fact defandents is possesed for around 18 yr nd dfndts says we have purchased that land in auction in 1989 from plaintiff's father . We have inqured the auction had not been done according to law, cause 1. auction is not permited by any sdm or dm 2. Not issued sale latter 3.auction file not available in tehsil or another place 4. Defendents deposit 17000/- (1989-90) they have reciept .The court passe a order dated 1-10-12 'status quo' now how can we get possesion of aforsaid land plz help me give me advice.

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Kiran Kumar (Expert) 14 October 2012
you have already filed a civil suit, pursue that remedy.

in addition, may give necessary applications to the SDM/ DM if advised by the local lawyer.

prabhakar singh (Expert) 14 October 2012
Agree with genius.

Ms.Nirmala P.Rao (Expert) 15 October 2012
Dear Client,
In case you've been disputing their possession that through a fake auction they got in to possession of the land in dispute, which has never taken place and it's a total fraud as stated by you in your case before the court them and if you are able to prove in court that they don't've undisputed possessory rights over the property for the last more than 20 YEARS, you can RECOVER YOUR POSSESSION BACK IN TO YOUR Fold from them by raising the above plea as suggested by me. Go ahead and file a petition to set aside the fraudulent sale and recover your possession of the disputed land. Their fraudulent and disputed possession is not covered by doctrine of adverse possession.

Ms.Nirmala P.Rao
Legal Expert