rohit varma (network engg.) 27 June 2012

Regarding plot to create home

i have one plot at my village (uttar pradesh). my uncle had filled a "diwani" case on my plot which they have given us during dividation time before 30 years ago.

i have contructed 6 fit boundary on my plot and every person of my village know that is my plot & currently we are using this plot also.

i want to create home in that but due to diwani i can't.
unlce are mentioned in diwani you have contructed 5 meter wall inside my field.but i sure we are using only given plot & they want to harass us only.

my family is living in mumbai and we can't go in court to check the details and take the ''tarikh''

Kindly suggest me how can i create my home on that plot.

Regards,

Rohit varma

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 June 2012

If there is a stay by court in a 'diwani muqadama' then you can't do any construction on the property, doing so would be a contempt of court (O.39 R2A) and may lead to attachment of own property or arrest or both. Pursue the case diligently there - and get that injunction vacated if it was got on false grounds

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rohit varma (network engg.) 28 June 2012

thanks sir.

but 'diwani muqadama' it takes long time for clearance.its a civil matter means every thing is on paper or in government records.

1) if there is any proccedure to say to court kindly give the permission to measure my plot and his field & if i have created my boundry in his field then i am ready to give him .

2) Any other idea which can help me to clear this case.

Attached File : 262655344 village.bmp downloaded: 94 times