(Querist) 15 October 2018
This query is : Resolved
In Civil court we had filed a suit for Declaration & Pocession. Judgement came as 75% and 25% to opposite person. Now the said matter is in high court. Earlier there was a building and now it has fallen and became vacant land.
High court has not given stay to both parties. 1) Now can I put a temporary shed for 100% or for 75%. 2) What is the consequence if I occupy the complete 100% land.? 3) Will there be any criminal case of trespassing if I occupy his portion of 25% also. Please suggest. Also looking for an expert advocate to solve this.
Dr J C Vashista
(Expert) 16 October 2018
No court shall pass a decree of declaration and possession in percentage as stated by you. What is the opinion and advise of your lawyer who have successfully managed the decree in the 75% & 25% as stated by you? Why do you rely upon the obligation and advise of experts on this platform, which is bound to differ from actual position as the same will be based on limited and distorted information, except the fact it is available FREE OF COST?
(Expert) 16 October 2018
If actually order mentioned as 75% and 25% .It is an order and cant be modified except for high court themselves or supreme court Law of property ownership was removed by Indira Gandhi as fundamental right .Hence you cant even move under write jurisdiction Obviously there is problem regarding some title ownership or more than one persons occupying same land . You cant jump high court order and it will be contempt ,if at all ,it is worded so. Kindly refer opinion of very senior expert Dr Vashistha above also.You know your case . Depending upon status of your cases and their likely date of disposal and if you can wait , which we dont know anything about , you should just make boundary wall to secure your 75% .Has that 75% area also delimited or defined on map by Honble court in order ? Sounds like Babri land dispute .ha ha.never mind ! Please post more details and be specific step by step. Adverse possession itself is vague and confused law .It is being now scrapped by GOI .The papers are at advanced state and may go to parliament soon.
KISHAN DUTT RETD JUDGE
(Expert) 17 October 2018
Dear Sir, My answers are as follows: 1) Now can I put a temporary shed for 100% or for 75%. Ans: Legally you can put temporary shed on 75% and let other party file interim application before High Court.
2) What is the consequence if I occupy the complete 100% land.? Ans: Such occupation will be subject to final order of the High Court.
3) Will there be any criminal case of trespassing if I occupy his portion of 25% also. Ans: Since no injunction is there in respect of 25% of property and no execution petition is filed as such there could not be any trespassing case against you.