Civil Procedure Code (CPC)

Case against police. complaint to the magistrate?


Thank you everyone!

Thank you KelaiSelvan Ji.

We have recvd from exoerts the following advices -

1. Write to Hunan Rights authroity

2. Use S. 6 of SRA

3. File Civil Suit for compensation

4. Go under 156 (3) against police

 

Is there anything else that we may look into or explore? 

 
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Advocate

In my opinion:

Approaching human rights commission in this regard is just a waste exercise, they cannot do anything about it, it is not a police excess, as a matter of fact it is a criminal act or an illegal act done by the opposite party, hence a criminal complaint with the police is the proper remedy for this atrocious act done against the complainant.

Section 6 of specific relief act says:

Section 6 in The Specific Relief Act, 1963. (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Law Respects Possession -Understanding The Concept Of Adverse Possession. ... Under Section 5 of the Specific Relief Act, a suit for recovery of possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure, 1908.

Before that since the complainant himself is not the owner of the property from which he was dispossessed, he first has to declare his title that was perfected by operating law of adverse possession.

For this he should have given an application to the revenue department to enter his name in the revenue records based on his long possession and adverse possession.

If the Revenue department recognised his title on the basis of his possession and issued him the patta, then he can be termed as owner of the property and not before that. 

In the absence of his title to the proeprty, just because he was in possession of the property will not entitle him the title of property hence he may not be eligible to file a suit under section 6 of Specific relief act. 

Further, Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law..

Since he has been dispossessed by force using his muscle power and with the help of  antisocial elements  and also he was subjected to physical assaults, abuses, injuries, he is entitled to lodge a criminal complaint against the intruders, can escalate the matter through court, if the police is not cooperating with the complainant. 

 


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Advocate

"a party bought a land to build a hotel on it" - if a no man' land, who was the seller?

 

 
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