Caveat petition & bare injunction suit
lakkesh
(Querist) 24 June 2012
This query is : Resolved
my father brought the site nandini layout bangloure 58, at present it is in corporation & bbmp limits in the year of 1981 with Sale dead & EC, but that time we dont know that is sc/ st grant land & after few years we known that it is a sc/ st land & we buit a house in that place in1985 & they demolished the house with the help of local goundas( land owners sc/ st people)
& we waited some time after that we buit the house in same place in 1989 & til to dade we are in position with all fesilites of bbmp like electricity, sanitation, roads & with water feasility & we paying propert tax from 2002 to 2012- 2013. but now the medileman & land owners relatives gone to the ac court & they applead case against the the servey no... & applead irregularites in the servey no of ptcl act & to cancel the all sale deads happened in that servey no.& finay AC cout favoured to them.
at present what can we do now
Adv.R.P.Chugh
(Expert) 24 June 2012
1. If you already have a suffered an adverse decree then file an appeal in the higher court.
2. Caveat has no role to play herein.
3. Have you tried taking a stay ? an injunction protecting your possession ?
lakkesh
(Querist) 24 June 2012
we have not tried. & only we gave the complent in the DC court against the partey & i mentioned that i not got any legal notice & not made the partey of my name & also informed that i am in possition of 25years & paying property tax from 2002 to till date with the benifts of bbmp electricity, sanitation, water,etc.& take action against ACcourt order. So please sugest wat to do to protect property.
MohammedRaffiq Bijapur
(Expert) 24 June 2012
Hello Lakkesh
I got ur point See it is a special enactment wherein the alienation is prohibited. U first see whether the grant was with condition or absolute.
The Karnataka Government, through a circular dated 03/10/2006 bearing No.RD/41/LGP/2006 issued by the Principal Secretary, Revenue Department, has formulated new guidelines pertaining to obtaining such sale permission under the provisions of the Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978. These guidelines lay down conditions to be complied with by the seller i.e., the original grantee, the prospective buyer and the revenue officials who are conferred the powers to grant such permission.
So prepare appeal ground and present it before DC for setting aside the order of AC.
Khaleel Ahmed
(Expert) 24 June 2012
You are advised to contact with revenue authorities for regularization.Further prefer appeal against the judgement and decree passed by the trial court.
