Section 6 specific relief act 1963
Sanjeev Kalkori
(Querist) 25 June 2014
This query is : Resolved
Dear Sir
I have filed case in Section 6 specific relief 1963 against person who has dispossessed me from my flat with the help of local Gundas.
1) In this case what legal action can take against them police also not co-operating to me.
2) If I filled case against them in Section 6
Specific Relief Act 1963. Can Have to pay Court fees to the court for registering this case.
Dr J C Vashista
(Expert) 26 June 2014
The suit will be adjudicated on its merits.
Court fees has to be paid as applicable in your state.
However, it is a vague query.
R.K Nanda
(Expert) 26 June 2014
u have to pay court fee on ur case.
Sankaranarayanan
(Expert) 26 June 2014
Need more details related to your query. If you go for specific performance then you need to pay the court fee as per the state norms
Rajendra K Goyal
(Expert) 26 June 2014
If police is nor registering your complaint, register it through court u/s 156(3).
ajay sethi
(Expert) 26 June 2014
you have to pay court fees as applicable . if police are not cooperating file complaint under section 156( 3)
Sanjeev Kalkori
(Querist) 26 June 2014
Dear Experts,
Thank You
In my case the person who dispossessed me. he is claiming that he has already possession in that flat and he saying that he is also owner of that flat.he producing documents that he has purchased that flat in Auction before 2 Years but actually i have purchased from builder in 2010 after that builder staying in my flat as tenant and paying rent every years
suddenly this person dispossessed with the help of gundas while that time my worker doing renovation job in my flat they are beaten to my worker taken key forcefully after that they directly gone to police station for complaint against them but the police not taken complaint against them but next day me & worker gone to police station then the police taken N.C against them as unknown 4 person dispossessed.
In this case what I can do against them.
Adv Archana Deshmukh
(Expert) 26 June 2014
You can file a suit for possession under the specific relief act. File the evidence showing your possession at the relevant time. Also show your ownership by filing proper documents.
Sanjeev Kalkori
(Querist) 26 June 2014
Actually madam Police has done Investigation and they are report submitted to us that we are don't know who is actually possession.
1) Which type of evidence can prove that we are actually in possession that time. because we don't know.please madam let me know what to do.
Devajyoti Barman
(Expert) 27 June 2014
your address proof, property tax receipt will prove possession.
T. Kalaiselvan, Advocate
(Expert) 27 June 2014
The registered sale deed in your name will be a valid proof, do you have that?, what about the other proofs of amenities availed namely, electricity connection, water tax,house/property tax, any other taxes paid to government on the property related issues? These will help you establish your title. You may proceed with the civil case for possession by paying proper court fees in the suit for specific relief.
G. ARAVINTHAN
(Expert) 09 August 2014
civil case and criminal case are entirely different..
you can make both the proceedings as parallel
