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Vidya (ss)     07 April 2018

Please advice to get my property back

Dear experts, I got a place from my father in 2008. And it was partly constructed and dew to wasthu North East corner 18×5 feet place left vacant . The place is Govt land and since 1962 my father has constructed a hut for Bullock's , it got house no from panchayath, we paid regular taxes as well. Recent times in 2009 a widow lady requested us to allow a tea point at that place. With courtesy we allowed, in 2010 without our knowledgeable she brought a house number, that too /3 in our house number. In 2011 she created a document of gift deed from her to her son. In 2013 i came to know that we asked her to vacate the place. She started refusing and explained the registered place is out of our place. In 2014 i constructed steps and a boundary's up to my place. This year january R&B started road widening, her tea shop about to remove. She started claiming our boundary constructed place belongs to her and we forced her that time The courepted police co-operated her, failed a case on my brother and me. Before we get bail she demolished our steps and boundary's, constructed hotel. After getting bail, before the construction finish i approached court, she made a cavite position. So I could not stop construction. Now the question is My petition allows and notices served her, There is no vakalathnam from her, judge has given date for expert evidence. What will happen next? Why she is quit without contest? If I get expert can i vacate her immediately and demolish that construction? Please advice Thanks in advance


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 1 Replies

Deepak Dahiya   09 April 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

 

A suit under section 6 of specific relief act is lodged when there is an illegal dispossession of any person who was enjoying a peaceful possession of the property from a long time. The purpose of this enactment is to prevent the unlawful dispossession of any person from the property. If the dispossession is done the only remedy is under this section which is the restoration of possession. The suit is lodged under this section is irrespective of the title of a person who has been dispossessed.

Restoration of possession requires summary enquiry as to whether plaintiff was in possession within period of 6 months prior date of suit and was disposed otherwise than course of law held in M sanwani vs. tanu isram Bisan AIR 2007(NOC) Bom 1355, therefore law says that possession of property is prima facie as good as title until contrary is proved.

property

Features of section 6

  1. Suit is lodges within a period of 6 months from date of dis possession.
  2. Only previous possession needs to be proved.
  3. No title is required. Even a trespasser has a remedy.
  4. Summary proceedings.
  5. No revision or appeal lie as per sub section 3 of section 6
  6. Half the court fees of the value of the property.

The suit is based on fact that law respect the peaceful possession and frowns at forcible dispossession of a person who may have lost the right to continue by which he acquired possession. Madal Lal V. Ravi Kumar Air 2004 J&K 148.


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