Judiciary system
DAYASAGAR MEHER
(Querist) 26 March 2013
This query is : Resolved
Corrupted Judiciary system
Some months ago after demarcation of homested land, it was found that we are in possession of around 2 decimals of land more than our record, for over 50 years. Those two decimals are registered in the name of our neighbor. But there is a distinct boundary within which we are in possession. Again we refused to surrender those lands as we are in possession for over 50 years.
After talking to some lawyers we decided to constructe a house there in order to protect the land. Everything was done within the boundary we are in possession. But after construction our neighbor filed criminal trespass case against us. Also by engaging some workers he brokendown some part of our constructed house.
When we filed case against our neighbor police didn’t take any action and submitted final report without any investigation. Also we filed protest petiton in the court. But the judicial magistrate didn’t take any step against our neighbor. So the case we filed was closed.
But we are accused for trespass, and now we are in bail. During each and every hearing of case the judge insults us over our possession and construction. The judicial magistrate also harass us by asking non-sense question which is not related to the case. Probably the judge is also fed with money by our neighbor. By the attitude of judge it seems clearly that he will give a judgement against us. Also the judge did not take any action for house breaking and damage to property by our neighbor.
So a simple adverse possession case is converted to a trespass case. Before lodging of trespass case, the police Inspector and even SP of our locality, has attempted to handover the land to our neighbor. But they finally failed.
Can this be called a complete malfunction of judiciary system. What shall I do now. Can a judicial magistrate take decision in adverse possession civil case.
Shall I write to CHIEF JUSTICE OF INDIA against the judicial magistrate who has not taken any action against our neighbor and about to give a judgement against us in adverse possession civil case.
Khaleel Ahmed Mohammed
(Expert) 26 March 2013
You are advised hereby to file a complaint against the judicial megistrate before the cheif justice of High Court.
Anirudh
(Expert) 26 March 2013
You say, we are in possession of around 2 decimals of land more than our record, for over 50 years.
Do you mean to say that there was any boundary wall existing prior to your starting the construction of the house and you constructed the house within the said boundary wall?
Please confirm.
DAYASAGAR MEHER
(Querist) 26 March 2013
Yes there was a definite and distinct boundary wall prior to construction and fresh construction was done within the bounary.
Anirudh
(Expert) 26 March 2013
Then in that case act as suggested by Mr. Khaleel Ahmed - in the complaint restrict your statements only to the extent that (i) a civil case has been unnecessarily converted into a tress-pass;
(ii) During each and every hearing of case the judge insults us over our possession and construction. The judicial magistrate also harass us by asking non-sense question which is not related to the case.
(iii) the judge did not take any action for house breaking and damage to property by our neighbor.
(Pl. do not talk that money appears to have been paid by the opposite party to the magistrate etc., unless you are sure and having clinching documentary proof/evidence. Please also do not say that from the attitude of judge it seems clearly that he will give a judgement against us. Try to avoid these things.)
R.K Nanda
(Expert) 26 March 2013
if u have solid documentary evidence against
JM only then file complaint.
Adv k . mahesh
(Expert) 26 March 2013
such words should be carefully spoke in the court and also draft a complaint without using such words which will harm your case
Devajyoti Barman
(Expert) 26 March 2013
You can always ask for transfer of the case to another Magistrate by applying before the sessions court.
ajay sethi
(Expert) 26 March 2013
agree with experts
Raj Kumar Makkad
(Expert) 26 March 2013
A person in illegal possession of the property of others has no right to claim equity before law and moreover he has no right to accuse courts.
You cannot claim ownership on the base of adverse possession but if your neighbour goes to court to get possession from you then the plea of adverse possession shall duly come to your help.
If your case has been dismissed by lower court, do file an appeal before the appellate court.
If police has not lodged FIR against the accused persons illegally demolishing your property then you need to file a criminal complaint under section 200 of criminal procedure code.
DAYASAGAR MEHER
(Querist) 26 March 2013
Respected Raj Kumar Sir,
Are you of the opinion that we are in illegal possession of property for over 50 years.
The case against us has not been dismissed by lower court. But it is expected that judgement will go against us. Also there is no civil case filed by our neighbor.
Further I have filed criminal complaint before the judicial magistrate. But no action was taken against the opposite party.
Kiran Kumar
(Expert) 26 March 2013
Mr. Meher, it will not be wise to make a complaint against a Judicial Officer if you have got no proper proof and bribery by the other side.
If the officer acts with prejudice then you may seek transfer of the matter to some other court.
If you are affected by some judicial order then you have every right to file appeal/ review/ revision as advised by your lawyer.
Otherwise, its better to settle such matter s amicably. If you are aware that you were in possession of land which was not belonging to you legally then better to settle the matter as per the contents of the documents.
Long litigation will rather hit back financially as well as mentally.
good luck :)
Raj Kumar Makkad
(Expert) 26 March 2013
You should not raise the queries on anticipation and should even not accuse the court prior to their decision.
