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Subhash   05 December 2017

Eviction / encroaching to our land

* “A” having land of 8640 Square Feet which consists of  Godown around 2000 Square Feet.

* Land of Area 3672 Square feet has been sale to X (Husband) and Y (Wife) from "A" in year 1999 which consists of Godown –But the Godown there is no registration been happened – only agreement been done for Gowdown.

* In that Godown 504 Square Feet Belongs to “A” and no partition is been done by “A” as X,Y requested that they would buy that as well in future.

To the fact 3672 Square Feet is in 2 survey numbers – But "X" at the time of registration deleted one survey number to avoid registration charges, however the boundaries were marked correctly.

Note: In Godown agreement both Survey Numbers been mentioned.

* X, Y filed permanent injunction upon A in year 2002 stating land is in only in one survey number and showed incorrect boundaries to court.

* Considering the facts the court dismissed the case in year 2007 upon X, Y as they couldn’t show any evidence that the land is in one survey number only – As the sale deed shows the accurate and correct boundaries where the exact sale been happened, also the Godown agreement shows 2 survey numbers

* X,Y were not satisfied with the court judgement and repealed to  district court on 2007. Further again with all the arguments with the evidence of junior civil judge court district court dismissed the case again on 2010 against X, Y

Now “A” filed a eviction on X,Y stating to separate the 504 square feet of Gowdown which is been used by X,Y on 2011

However the case is been prolonging in the District court since then – In the meanwhile X, Y trying to encroach in rest of the vacant 4968 Square Feet land which is beside and trying to publish to all the persons surrounding that it belongs to his land.

Could you advise us how to take a quick action and separate rest of the 4968 square feet excluding  504 square feet which consists of  Godown - Eeviction on 504 has already been placed, we would like to separate rest of the land 4968 Square feet

X, Y already occupied by constructing RCC roof in 150 Square Feet.

Can I segregate rest of the land by taking police protection?

Please help me with your suggestions.

Thanks in advance.

 



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