Section 145 of criminal procedure code
HIRAL THAKKAR
(Querist) 09 April 2014
This query is : Resolved
Dear All,
I have matter at hand where in the son is dispossed from the property which is a ancestral property a residential premises.
Can I move ahead under section 145 crpc for restoring his possession from the property.
Regards
Devajyoti Barman
(Expert) 09 April 2014
145 CRPC will be of no help at all.
File a case u/s 6 of Specific Relief Act.
It is very effective and expeditious mode of legal recourse to recover possession.
However to get advantage under this section, one will have to file within 6 months from the date of dispossession.
Otherwise civil suit for recovery of possession shall lie.
HIRAL THAKKAR
(Querist) 10 April 2014
Thanks Sir,
Although it will be of no help but can I proceed under the said section as a matter of filing and making the otherside under pressure.
Devajyoti Barman
(Expert) 10 April 2014
It creates no pressure, a futile exercise to say the least.
Rajendra K Goyal
(Expert) 12 April 2014
Agree with the expert Devajyoti Barman ji.