91 CPC through Counter Claim

A writ petition will be a better remedy.

Mani Narayanswamy  has suggested the right  method of remedy

friends,

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

thank u  all.

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.

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.

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.

Ya it is correct