Removal of unauthorized hut

Querist : Anonymous (Querist) 10 May 2010 This query is : Resolved
A lodges a complaint with police against B for putting up an unauthorized hut on A's land. In the police enquiry, B denies that he has got anything to do with the hut. The enquiry is closed accordingly. Later on A removes the hut on his land. Now, C files a complaint with the same police against A for dismantling his hut, claiming as owner of the said land. Now is 'A''s act illegal under IPC or any other law. In an earlier title suit between the predecessors' in title of A and C, the decision was given by a civil court in favour of A's predecessor's in title in an exparte decree. Till date the exparte decree has not been set aside. Can the title issue again be agitated by the successors in title.?

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Raj Kumar Makkad (Expert) 10 May 2010
There is no bar to re-agitate by C over title of the property but until the decree passed in favour of predecessors-in-interest of A is not set aside, Chas got no right to file any criminal or other litigation against C and thus the action of A is justified.

Daksh (Expert) 10 May 2010
Dear Anonymous,
There cannot be a parity on the basis of facts of criminal complaint and civil suit as both happens to be different proceedings altogether.
You have not mentioned the period when the suit was decreed ex parte.
Last but not least yes the decree in favour of A is evidently gives him an upper hand as on date.

Best Regards
Daksh