Adverse possession
surya
(Querist) 11 January 2012
This query is : Resolved
respected sirs,A is a protected tenant of B IN ANDHRA PRADESH.ON 21-5-1961,B SOLD THE LAND TO A and A ACQUIRED OWNERSHIP AND HE WAS GIVEN TELANGANA PROTECTED TENANCY ACT CERTIFICATE ON 7-9-1961.NOW A PERSON C COMES UP WITH A SALEDEED EXECUTED BY A(TENANT) ON23-2-61. IN THE YEAR 1986 C FILED A CASE IN THE LAND GRABBING COURT THAT THE HEIRS OF A(TENANT) ARE LAND GRABBERS.IN 1990 THE LGC NAMED HEIRS OF A AS LAND GRABBERS AND GAVE A JUDGEMENT THAT C HAD ACQUIRED THE LAND TITLE BY ADVERSE POSSESSION.FOR THIS C SHOWED 8 XEROX COPIES OF LAND REVENUE BILLS PAID IN HIS FAVOUR FOR THE YEARS OF1962-1968 AND 1972-1976.THREE REVENUE BILLS NOT PAID.HE DID NOT PLEA FOR ADVERSE POSSESSION IN LGC EVEN WITHOUT A PLEA HE WAS GIVEN ADVERSE POSSESSION .THEN THE CASE WENT ON TO HIGH COURT AND SUPREME COURT WHERE THE DOCUMENTS OF C WERE PROVED AS NULL AND VOID.THE APEX COURT ALSO STATED THAT WITHOUT A PLEA IT IS THE ERROR OF LGC TO GIVE HIM ADVERSE POSSESSION.NOW C SAYS MY DOCUMENTS ARE VOID BUT STILL I HAVE ADVERSE POSSESSION AND HE IMPLEADED INTO A SPECIFIC PERFORMANCE SUIT FILED BY D ON THE SAME CASE FILED IN 1996 IN THE CITY CIVIL COURT AND THE JUDGE WHILE DISMISSING THE SPECIFIC PERFORMACE SUIT OF D,GRANTED ADVERSE POSSESSION TO C.IMMEDIATELY WE WENT TO HIGH COURT .THE HIGH COURT SUSPENDED THE JUDGEMENT OF CITY CIVIL COURT STATING THAT ADVERSE POSSESSION WAS GRANTED WITHOUT A PLEA AND GAVE US STAY ORDER.SIR HOW CAN A CITY CIVIL COURT JUDGE AFTER THE DIRECTIONS OF HIGH COURT AND SUPREME COURT GIVE A CONTRARY JUDGEMENT LIKE THIS.IS THERE A FORUM WHERE I CAN REPRESENT THE INJUSTICE DONE TO ME OR THE PERSON A.WHAT IS YOUR OPINION REGARDING THIS CASE
Raj Kumar Makkad
(Expert) 12 January 2012
You have no other option but to file an appeal as there is no other fora to raise such issues in India. Only upper courts can rectify the error if found in any judgment passed by lower court in their appellate jurisdiction.
Deepak Nair
(Expert) 12 January 2012
Rightly advised by Mr. makkad.
To challenge the order in appeal is the only way out for you.
