suit for declaration and cpc ordr 39.1,2
vinodkumar
(Querist) 28 July 2011
This query is : Resolved
A person sale his agriculture land to b,and fulfill all leagle formality like made saledeed in favour of b,and all mutation entry is clear in revenue record and now a new owner a real and acuatl possession of the property.during this c person claim for this property and file a suit for declaratio and stay application in court without any aunthetic evidence against a and b.,now a and b what to do for defence ? it is favourable for b to go for court commission to show the real possession, and then after he file his real written statement in court.
niranjan
(Expert) 28 July 2011
B can get panchnama done about the physical state.To show your possession get village form VII which shows who cultivates land,you can also put VF VI(record of right) to show your ownership alongwith the sale deed.All these documents are sufficient to prove your possession.It could also happen that at the time of panchnama if you are not vigilant,C might put certain things to show his possession.
Advocate Rajkumarlaxman
(Expert) 28 July 2011
and along with ur written statement having counter claim file an application for ad interim injunction againt the third party claiming
M/s. Y-not legal services
(Expert) 29 July 2011
As rep your words the third person trying to file suit without any records. Then just its will get dismiss automatically. Whats your problem?
Advocate Bhartesh goyal
(Expert) 29 July 2011
the court can not pass any injuction order against true owner and possession holder of property.File written statement alongwith ownership documents.
prabhakar singh
(Expert) 29 July 2011
ONE HAS TO CONTEST A SUIT ONCE FILED AGAINST HOW SO EVER THE FALSE MAY BE FILE W.S/COUNTERCLAIM, ALONG WITH SALE DEED AND MUTATION ORDER AND DOCUMENTS SUGGESTED BY NIRANJAN,IF THEY ARE IN YOUR AREA,ABOVE ALL TAKE SERVICES OF A LAWYER.
