Hello Friends,
I am facing a situation in which I seek your help.
The Plaintiff filed a suit for permanent injunction along
with an application of temporary injunction against the
Defendants to restrain them from dispossessing him from the
suit property (house) without due process of law and from
raising any new construction in the suit property.
Factual situation:
(1) The Plaintiff and the Defendants are step-brothers.
(2) Suit property i.e the house is a joint house.
The Father of the plaintiff and defendants purchased one
adjoining house in 1967 in the name of the defendants
who were children at that time and after demolishing
it re-constructed the house. Now there is no demarcating
line between both houses and entire house is one house.
Meaning thereby that One Portion of the house is ancestral
property and the remaining portion is in the name of the
Defendants. However there is no demarcation between the
two portions. Entire house is joint and one of the
Defendants also resides there.
(3) The Defendants want to remove the Plaintiff from the suit
property forcibly and also want to raise new construction in
such a way that the Plaintiff will not be able to have access
to the rooms in his possession.
(4) The Plaintiff is in possession of two rooms, one kitchen and
one bathroom in the house for the last more than 30 years.
(5) The problem is that the defendants claim that the kitchen
and bathroom of the plaintiff falls in that portion of the
house which was purchased in their name. And as such
they are the owners of that portion they now want to
dispossess the Plaintiff from the kitchen and bathroom forcibly.
(6) Earlier I was thinking that the Plaintiff is a co-sharer but
with this new development the Plaintiff does not appear to
be a co-sharer.
(7) The civil Judge did not issue ex-parte temporary injunction
and issued notice to the Defendants. Application for
Temporary injunction is pending now. And during the
pendency of the case one day the Defendants came with
some henchmen and threw the household articles of the
Plaintiff outside and forcibly took possession of the Kitchen
and Bathroom in question. They also raised a wall before
the residential rooms of the Plaintiff and now Plaintiff
cannot enter the rooms. In this regard an FIR was also
registered against the Defendants .
My Queries:
(1) What was the status of the Plaintiff in the house before
dispossession? He was not a tenant, not a trespasser also.
(2) Can the Defendants take law in their own hands to
dispossess the Plaintiff?
(3) What should I do now? Do I need to move an application
u/s 151 CPC for restoration of possession?
(4) What are the chances of such application that the Civil
Judge will allow restoration of possession?
(5) I need some judgments of Supreme Court or other High
Courts where possession was restored on application under
Sec.151 CPC.
(6) What are the proof of previous possession by the Plaintiff?
I will be thankful to all of you.
Vikram Berwal
e-mail:- vikramberwal@gmail.com
