Application for Report from Revenue Authorities
The petitioner on the basis of a registry of X plot in a particular Khasra (say Khasra No 1) occupies another plot Y, belonging to the defendant in another Khasra (Say Khasra No 2) and brings a frivolous suit against B praying the Court to restrain B from selling his Plot.
Queries
1. While filing the reply should defendant simultaneously make an application to the Court requesting the court to ask for a report from the Revenue Authorities to determine whether the Petitioner is occupying the property to which he claims title?
2. If yes should that application be made under Section 151 CPC or it is to be made under any other specific section?
3. Does the court dismiss the suit summarily on the basis of the report of the Revenue Authorities if the Revenue Authorities confirm that the petitioner has occupied a wrong property?
4. Is A a trespasser or occupier?
5. What is a difference between a trespasser?
