John (Member) 22 December 2010

Land khabja-construction done in my rejistered land-pls help

Hi,

I have a land, registered on my name and some "X" person has captured it and has constructed 3 shutters, in no time (while i was away from the place). I have got an injection order but dnt know how to proceed. No idea of what duplicate documents he had on his regard for the land. And that fellow is not even ready for comprmise.

Can I go for demolishing the construction done by him ? Will there be any legal issue against me if i do so ?

Is ther any way i can get my property back ? Please suggest me how can i proceed with the issue.

Thank you.

John.

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3 Replies

s k s k sarma (advocate) 22 December 2010

if your sale deed is earlier than the X or not . if your document is earlier one then you will get right and title over it. your injuction order is earlier to construction or not. if X constructed after your injunction orders, then he is liable for voilatin of injunciton orders under OXXXIX rule 2ACPC and you have right to pray the Court for demolision of construction. if X constructed before your injunction orders and denies your title then you have to convert you injunction suit to declaration of your title and for madatory injunction for demolistion of structures by filing amendment petition under Order VI RUle 17 CPC dure to change of circumtances.

John (Member) 22 December 2010

Hi sharma,

I am the earlier one who purchased this land and the injection order is taken after the construction.

If i request court for the demolition of the structure under "Order VI RUle 17 CPC dure to change of circumtances", could you please tell how much time it may take for the process to complete ?

And in mean while if "X" has handovered the structure for LEASE or if he SELL's the property, what would be the consequence?

Please Suggest. Thanks a lot for your response.

John.