Land Related FIR - Pls. Help

Querist : Anonymous (Querist) 31 July 2011 This query is : Resolved
Dear Experts,

Your help and guidance is highly appreciated.

My story starts from piece of unclaimed land(few years back it was part of water channel now its dry land for more than 20 years) which we have been using for various purposes over course of last 20 years. We have big plot which shares border with this unclaimed land. A year back we had ploughed this unclaimed land and merged in our plot. Recently one morning out of blue moon, the neighbor(2 brothers, 1 of them lawyer by profession) on the other side of the unclaimed land started fussing about it and started asking for half share in the land and started intimidating us by using abusive language. In the middle of altercation one of them came forward and started hanging on my hips and in the defense I kicked him hard because of which he fell down on the ground and he broke his ribs. I was up against 5 of neighbors family initially but later other people of village came and stopped the quarrel. I stay with my wife in the village after retirement. My kids are all in job but are in different locations. After this they left the site but went and logged FIR against me under 341/323/325/506.

In the past we had helped this family financially with50,000 to get through urgent medical expenses. Looking at all the scenarios it appears that they had planned to have fight with us and do FIR somehow to avoid payment of Loan money back.
Being really naïve about the court and FIR I need your expert advice on what should be my next step.
What counter case I can put against them if yes then what should be the charges?
What additional case I can put to get my loaned money back?
He himself have merged big chunk of unclaimed land which was kind of play area for kids in the village can I file complaint against him for the same? If yes then under which IPC?

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Devajyoti Barman (Expert) 31 July 2011
You can file either a civil suit for recovery of money or criminal case for cheating against then or both.
You can file a civil suit for injunction against them as well to protect the land in question from their clutches but for that you need at least primafacie proof to show its possession for such time by you.

ajay sethi (Expert) 31 July 2011
1)you ahve stated that a sum of rs 50,000 has been advanced as loan . when was loan advanced ? whehter money paid by cheque/
2) have you taken any document in writing when you advanced loan .

3) you can after issue a notice file summary suit for recovery of your outstanding dues .
4) the presumption si that not more than 3 years have passed since loan was given by you and that you have supporting doocuments
5)you have stated that as a result of your kicking onee of the complainants he fell down and injured his ribs . you have not mentioned whehter you have also been injured in the altercation . if you also suffered injuries then you cna also lodge a counter complaint against them under section 351 of IPc for assault
6) better consult a local lawyer with complete facts of the case

prabhakar singh (Expert) 31 July 2011
What counter case I can put against them if yes then what should be the charges?

WE CAN NOT PROVOKE YOU TO MAKE FALSE CHARGES.

What additional case I can put to get my loaned money back?

IF LOAN WAS CASH,CHANCES TO RECOVER IT BACK IS VERY WEEK AND IF IT WAS THROUGH CHECK OR A DOCUMENT TO WHICH 3 YEARS HAVE NOT PASSED A SUIT CAN BE FILLED.

He himself have merged big chunk of unclaimed land which was kind of play area for kids in the village can I file complaint against him for the same? If yes then under which IPC?
THE GRAB APPEARS TO BE ON GAON SABHA/STATE LAND,YOU SHOULD PERSUADE LEKHPAL OF VILLAGE TO INITIATE ACTION FOR EVICTION,ON HIS DECLINE MOVE APPLICATION BEFORE TEHSILDAR AND SDM WITH A COPY FORWARDED TO DM.

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