Title Suit 2

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved
Respected Experts,
My land was encroached by the neighbor, as per the suggestion of local lawyer my father reported it in Police and filed a suit of u/s 144 and 145 Cr.P.C in SDM Court which was closed without any judgment since no one took interest.. After some yrs. he didn’t pursued the case due to health reasons. None of my brothers and sisters lives here except my retd. Father. Now to recover the encroached portion of land back, as per suggestion of Hon. Experts of LCI and local lawyers I am filling civil suit for Declaration with recovery of possession and mandatory injunction. So, is it necessary to mention or give reference about the proceedings and incidence of u/s 144 and 145 Cr.P.C in SDM Court in the plaint or will be discussed in argument if he raises that issue? We both have purchased from the same seller and lands situates in the same plot (his area in his sale deed is 0.075 Acre but after encroachment he is in 0.09 Acre and mine is rest of the land i.e. 0.32 acres but reduced to around 0.30), so how it will be decided that he has done encroachment?
Plz. Suggest.
Thanks and regards.

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niranjan (Expert) 24 July 2010
In my opinion one should not conceal previous proceedings otherwise you will face the argument that you ha ve not come with clean hands.

Chanchal Nag Chowdhury (Expert) 24 July 2010
No harm in stating the facts relating to the 144Cr.PC proceeding.
In the civil suit,U will have to make an application for appointment of a Surveyor-Commissioner to take measurements & report to court. This will go a long way in proving your case.

Yamalapalli Haribob (Expert) 24 July 2010
iam aggreeing with Mr.chowdhury.u can also got measure the site through govt surveyor by filing application before going suit.

s.subramanian (Expert) 24 July 2010
i agree with Mr.chowdhry

barun deka (Expert) 25 July 2010
if you don't bring it to the notice of the court, the other party will.... so no point concealing. anyway the civil suit will decide your title on the basis of purchase so the prior proceeding should not harm you.

As regards encroachment, you being the plaintiff the primary burden to prove the dispossession lies on you.... you can do so by examining witnessed... more over the land revenue records should also be of help

But one thing should be kept in mind in case of such encroachment/dispossession there should always be a prompt action like atleast a suit under section6 of the specific relief act.

Querist : Anonymous (Querist) 25 July 2010
Heartiest Thanks and regards to all.

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