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Rajesh (Sr. Engineer)     24 October 2014

Eviction of illegal occupant (land shark). kindly suggest.

Dear members,

     One year back 2 brothers along with their families illegally broke into our store house (it had all building materials) and occupied it claiming it as theirs. They had bribed the circle inspector and he did not assist us claiming it to be a civil case, but rather asked bribe though middle men. Though we approached the ACP, the matter still came to him and he became more stubborn to help us.

The lawyer we met did not want us to file a police complaint but rather filed a case for permanent injunction saying that we are still in possession of the property. Meanwhile quarrel erupted among the 2 brothers and one brother vacated the place and he did not contest in the court. The other fellow contested but we won the case last week. 

Now his stand is that he wants to wait and see as to how we will evict him.

Our lawyer wants us to approach the police. We will do the same. 

My questions are as below.

1. Can I forcefully demolish the house since I have now got permanent injunction.

2. Should I file eviction suit? Should I send a notice for trespass before that?

Kindly suggest me if there are other steps that I need to follow.

Thanks in Advance



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     24 October 2014

why can't you execution of decree.  what your lawyer sayd (who has access to all facts and papers)

Rajesh (Sr. Engineer)     24 October 2014

Thanks Sudhir sir, The suit filed for and the decree obtained was for permanent injunction claiming ourselves to be in possession. Actually it's the defendent who is in possession.

Our lawyer said that first we will get this decree and then see what next can be done and go for eviction suit if nothing works. 

Since the decree obtained is for permanent injunction we won't be able to evict him straight away, so no question of execution of decree. 

1. Is there any possibility of Police evicting him for us?

2. Can we demolish the house forcefully without facing any issues

3. Is eviction suit the only option?

 

Sudhir Kumar, Advocate (Advocate)     24 October 2014

Originally posted by : Rajesh

Thanks Sudhir sir, The suit filed for and the decree obtained was for permanent injunction claiming ourselves to be in possession. Actually it's the defendent who is in possession.

Our lawyer said that first we will get this decree and then see what next can be done and go for eviction suit if nothing works. 

Since the decree obtained is for permanent injunction we won't be able to evict him straight away, so no question of execution of decree. 

1. Is there any possibility of Police evicting him for us?

2. Can we demolish the house forcefully without facing any issues

3. Is eviction suit the only option?

 

Regards,

Rajesh

Only reading of all papers can bring full facts.


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