Trespassing while case pending in the court
raj
(Querist) 21 August 2012
This query is : Resolved
I am a resident in hyderabad, andhrapradesh. i made a sale agreement of my old house in the year 2005 for an amount of 15lakhs. The purchaser paid a token amount of 1 lakh and promised to pay the remaining in duration 2 months. Later he made another payment of 4 lakhs and requested for another 2 months time, but he failed to make the full payment within the given altered time. Despite of many requests with the purchaser to make the payment and get registered the property he didnt responded. I didnt send any lawyer notice but he wantedly sent lawyer notice to the old house knowing that am not residing there. In the aug 2008 he filed a case in the court alleging that i didnt come forward for registration. Later came to know that it was his regular profession to blackmail the party and grab the property as by any means. In 2010 i received summons from the court and filed the wakalat. Recently the tenant of the sold house vacated (The tenant was also his men who filed a case against us got an injunction order. he made no rent payments and on that basis we filed a case on him got a eviction order. He then moved away from our house under the court direction)and knowing that the house was empty the purchaser locked the house. He with the local goons threatening us by preventing us to enter our house premises. We filed a general complaint in the police station but that could not help as the police were managed by him. Now what shall i do,should i inform the court about the locking of doors? can i get any relief from the court to unlock the doors? Is there any chance to file a trespassing suit /injunction suit or a private case in the court? What if the court orders a statusquo as the case was pending in the court? Please advocates help me with any suggestions. Thank u all .
Devajyoti Barman
(Expert) 21 August 2012
Do not knock the door of court first. Once you admit in the court that you have no possession then it would be very difficult to get back the same.
Since it is your property, go and take back the possession. Let him go to the court.
Do not lose possession at any cost.
raj
(Querist) 22 August 2012
thanq Devajyoti Barman sir, for the response. Can i approach the court in any way without informing the court about the locking stating my fear that it may happen in the future as of the threat. There is information that he is trying to create vex if we go to our house to unlock the doors.
Anirudh
(Expert) 22 August 2012
You have already filed a general complaint. I am sure you might have mentioned in the said complaint to the police that the purchaser has put a lock on your house.
Have you mentioned in the police complaint or not? First please clarify.
raj
(Querist) 22 August 2012
anirudh sir, yes i filed a general complaint and mentioned about the locking in it. The complaint i gave do not bear any stamp,number or signature of the police dept and that copy was remained with myself (at present there is no copy of complaint with the police). The police official called the person for counseling and left the matter. We knew that the police were managed by him.
Anirudh
(Expert) 23 August 2012
If there is no record with the police, then you can remove the lock put by the other person. Do not involve any third party (including any labour) to remove the lock. Remove it yourself.
If later on if anybody claims that you have removed the lock, say, after the police advised him to remove, the other party itself removed and you did not do anything! After removing the lock, better start living there - otherwise there is every chance of losing your possession.
raj
(Querist) 23 August 2012
Thanq anirudh sir. I follow ur suggestion. Is there any other way to get protection from the court for future trespassing or put stop his threaten?
