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Sridhevi (education)     17 March 2025

Criminal tresspass

owner sold land at Sy.no.492/F3,warangal but shown unrelated land.can I filed tresspass case with cheating criminal case since boundaries mentioned in sale deed are wrong
 
any judgements of criminal case of tresspass for same in similar case of wrong boundaires
 


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T. Kalaiselvan, Advocate

T. Kalaiselvan, Advocate (Advocate)     17 March 2025

You may discuss with an experienced lawyer in the local with all relevant papers and get proper opinion to proceed on the subject as advised.

Rama chary Rachakonda

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 March 2025

Filing a trespass case with cheating criminal charges is possible if the owner sold land with incorrect boundaries.

However, it's crucial to understand the legal implications. Trespass Case To establish trespass, you must prove that the owner intentionally entered or remained on your land without permission.

If the sale deed contains incorrect boundaries, it may be considered a civil dispute rather than a criminal offense.¹

Cheating Criminal Case Cheating is a criminal offense under Section 420 of the Indian Penal Code.

 To prove cheating, you must demonstrate that the owner intentionally deceived you by selling land with incorrect boundaries, causing financial loss.

Relevant Judgments Some relevant judgments to consider: -

 *Smt. Pavnari Devi And Others vs State Of U.P.*: The court clarified that executing a sale deed for a property not owned by the seller does not necessarily constitute making a false document.

 - *Md. Ibrahim v. State of Bihar*: The Supreme Court ruled that selling a plot of land while claiming to be the owner and executing a registered sale deed does not constitute forgery under Section 467.  

1. *Review the sale deed*: Examine the sale deed to determine if the incorrect boundaries constitute a material mistake.

 2. *Gather evidence*: Collect evidence to support your claim, including documents, witness statements, and expert opinions.

 3. *Determine the best course of action*: Decide whether to pursue a civil or criminal case, or both.

Keep in mind that each case is unique, and the outcome depends on the specific circumstances and evidence presented.

P. Venu

P. Venu (Advocate)     20 March 2025

There could be no meaningful suggestion unless the documents are perused and issues discussed.


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