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charu (engineer)     29 June 2011

Declaratory Suit OR Injuction Suit


In my native place My Grandfather land (5 acres) with out having Title deed one person was sold (his Grandfather and Surname is matching but Father name is different) ,I want file this case in court for this my Lawyer  suggested first go for Injuction suit instead of going Declaratory suit (Land worth is nearly 10 Crores for this Court fees high compared to Injuction suit and it will take more time also ) my Lawyer  is saying let them come themselves if they have any valid documents so first we will go Injuction suit to stop any works going on that place and file Criminal Case(which section I can file –IPC 342 OR 340 OR other), based on that we will decided further steps  he told that

Now my questions are

1)Am I choose Declaratory Suit(we can’t bare 10 crores market value of Court fee) OR Injuction Suit ?

2)For keeping Criminal Case on other party first am I need to compliant on Police station OR Court directly gives notices ?




 2 Replies

charu (engineer)     29 June 2011

Hi Experts 

Please suggest me for my above problem.

piyush sharma (Lawyer)     30 June 2011

I am agree with your lawyers opinion.  If you have the title then there is no requirnment to get the same declared by the court. It will just waste your time. If some one has taken your property then you are required to stop him from doing that instead of  declaring you title.

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