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arunkaushik   03 September 2019

False house trespass - steps to be taken

My father aged 65 yrs old, had purchased a house (G+1) having boundaries with

West Side - Road;  North – Joint Wall;  South – Joint Wall;   East  -   Jointwall      

            There was a door in the Joint Wall towards the Eastern side at the time of purchase of our house in 2015 i.e., in between the western side of others i.e., with Eastern side of ours. The owner, who sold his house to us, advised to close the door in the Joint Wall at the time of Purchase itself as per  Lok Adalat Award in between our seller and the seller of the existing house towards the eastern side of our house i.e., their Western side.   When asked to close their door in the joint wall between us, they were very often postponed the closure of door in between our joint wall but could not close the door despite it was informed them several times.

            Recently the half side of our Joint wall was closed in the half portion of our Joint wall keeping their door intact & without any  damage to their door which can be opened by them as usual in their house but their entry into the half side of our joint wall i.e., the side of our house was closed.

            The Previous Station House Officer, who was transferred, advised both of us after physical verification that both of us were within boundaries only. A new Station house officer was posted.  A Caveat Notice was also served on the owner of another side. Despite it, the other side house owner in collusion with the new SHO booked FIR u/s 427, 448 r/w 34 IPC against my father and demanded money. We met the Commissioner of Police who asked the Station House Officer to go into actual facts and details and put up the report. But nothing was investigated so far though more than 3 weeks over.

            We are within our boundaries in accordance with sale deed without encroaching an inch of other’s land.

            Kindly advise us what steps are to be taken to quash the FIR which is falsely implicated and booked to extract money from us by the other side owner.

            Thanks in advance to the experts for their precious pieces of advice to be tendered in this regard.

                                                                                                                                                                       P.Arun



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