Thank U very much
Actually a fact which was missed by me in presentation was that the defendant is in possession of the property is proved by the fact that just 15 days before the suit was filed by the plaintiff and almost 8 months after the date on which the plaintiff claims he purchased the property, the defendant made an FIR against some persons (not this plaintiff) who were trying to dispossess the defendant from this property
The Police arrested a few persons and also presented a Charge Sheet against them (not the plaintiff) for destruction of property. The suit was filed by the plaintiff after all these incidents. There is a record in terms of Police Reports and witnesses on the basis of which the CS was filed , which shows the possession of the defendant till just 10 days before he filed the suit!
Does it help?? In these circumstances the Plaintiff filing a criminal case of forced eviction against the defendant that the defendant has dislodged the Plaintiff and taken possession of the property by force on an imaginary date u is ruled out but your second anticipation seems to be a valid point
Even I anticipate what u have feared!
The Plaintiff may be working on a strategy to take possession of the property by force and then request Court for a Commissioner Report saying that he has possession of the property and the defendant is trying to dislodge him
This is because the Defendnt stays in other city whereas the Plaintiff stays just adjacent to tthe property so it becomes easy for him
So what should be the right strategy?
Should the defendant file a complaint with the Police that the Plaintiff may plan to dispossess the defendant by hook or crook! Then when the Police makes an inquiry it may put an FR on defendant's complaint but in the course of inquiry, at least there will be a record that as on date the defendant is in possession of the property