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Adv. T.K Sujith (lawyer)     25 November 2009

91 CPC through Counter Claim

A person illegally possessed a building situated in public property, continuously trying to resist the panchayath authority’s efforts to repossess the the same. After his attempts before High Court to avoid the attempts of Panchayath, now he obtained an injunction from Munsiff’s Court against three local peoples alleging that they trying to trespass into the building owned by him. Under the guise of this injunction now, he resists eviction from the building. Can the above three defendants resort the provisions under Section 91 (b) of CPC for declare his possession as public nuisance and evict him from the building? ( Panchayath is now silent in this issue, pretending that there is an injunction against hindrance to the possession) Can it invoke through the counter claim in their written statement?  



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 8 Replies

Mani Narayanaswamy (Lawyer)     25 November 2009

A writ petition will be a better remedy.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     28 November 2009

Mani Narayanswamy  has suggested the right  method of remedy

Adv. T.K Sujith (lawyer)     30 November 2009

friends,

plz try to respond the question (in each and every case). my question abt civil proceedig not writ.

thank u  all.

jayaselan j k (all in all advocate)     02 December 2009

hi

as per the facts stated by you , the defendants can rely upon order 2 rule 2 of cpc, suppression, not coming to court with clean hands by the plaintiffs suppressing earlier move to high courts. more over surely the defendants can rely on section 91 of cpc as a counter claim. the defendants can also raise queries under the RTI Act from the panchayath or its higher authourity so that they can be indirectly brought into the suit or the purpose of eviction may also be fulfilled.

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     03 December 2009

If the property in occupation is public property, to whom it beongs to? be specific. If panchayat is the owner of the property, it can initiate eviction process as per law. Neither pending suit nor the injunction is binding on the panchayat as it is not party to it. You say panchayat is silent. As the panchayat is the owner, it is for the panchayat to worry about it. What way you( mean three persons) are aggrived. A person is in occupation of the property is entitled to resist any attempt of eviction against all except the real owner, even if the occupant is a trespasser.

In my opinion, mere possession of panchayat building by individual can not be said as public nuisance affecting public, thereby entitling the three persons to invoke section 91 (b) of CPC to declare his possession as public nuisance. Unless the real owner of the building objects his possession, neither these three persons nor the public can evict him otherwise than due process of law.

 

Adv. T.K Sujith (lawyer)     03 December 2009

thank u all, especially jayaseelan sir. the three persons unnecessarily dragged into this matter. so they have decided to meet the wrongdoer in any way. moreover they have to make a counter blast against a newly filed, false  prosecution petition in this suit.

girishankar (manager)     16 February 2010

Hmmmmmmmmmmm

(Guest)

Ya it is correct 


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