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raj (software engineer)     21 August 2012

Trespassing while case pending in the court

I am a resident in hyderabad, andhrapradesh. i made a sale agreement of my old house in the year 2005 for an amount of 15lakhs. The purchaser paid a token amount of 1 lakh and promised to pay the remaining in duration 2 months. Later he made another payment of 4 lakhs and requested for another 2 months time, but he failed to make the full payment within the given altered time. Despite of many requests with the purchaser to make the payment and get registered the property he didnt responded. I didnt send any lawyer notice but he wantedly sent lawyer notice to the old house knowing that am not residing there. In the aug 2008 he filed a case in the court alleging that i didnt come forward for registration. Later came to know that it was his regular profession to blackmail the party and grab the property as by any means. In 2010 i received summons from the court and filed the wakalat. Recently the tenant of the sold house vacated (The tenant was also his men who filed a case against us got an injunction order. he made no rent payments and on that basis we filed a case on him got a eviction order. He then moved away from our house under the court direction)and knowing that the house was empty the purchaser locked the house. He with the local goons threatening us by preventing us to enter our house premises. We filed a general complaint in the police station but that could not help as the police were managed by him. Now what shall i do,should i inform the court about the locking of doors? can i get any relief from the court to unlock the doors? Is there any chance to file a trespassing suit /injunction suit or a private case in the court? What if the court orders a statusquo as the case was pending in the court? Please advocates help me with any suggestions. Thank u all .


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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 August 2012

1. If the court had ordered a status quo/Stay then he could not have put down his lock on the property, as a person's lock is a symbol of his constructive possession of the property. If status quo was there file an application u/o 39 R2A for contempt of court. 

2. The property was in your possession when the tenants were there, who were holding it on your behalf, and after eviction you've been dispossessed, initiate necessary criminal proceedings for tresspass/criminal mischief etc. 

 

 

Good Luck !


Regards, 

 

Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

*Distt. Courts Delhi/NCR

1 Like

raj (software engineer)     22 August 2012

Sir, thanq for ur response. There was no status quo order from the court.He is able to manage the police.He along with his gang men wanted to create vex if we go to our house to unlock the doors. can i get any relief from the court by pleading the court as to prevent any tresspass by him?


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