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Shankar Bhanushali (Business)     05 March 2008

lessee on open land.

I having my land purchased 20 years ago in maharashtra.

Some big portion is given on lease for 15 years period which expired now.

Lessee encroached balance portion recentally when I approched to court for injuction.

Now he argue that he is in possession entire land from the day of purchase of land.

There is no boundary in between two portions.

His argument is like as under.

He has identified land originally and negociated with original landlort.

He states that being the green zone and we as a good friend it was agreed that land will be purchased by me and I will handover entire land to him for his use.

He states that he helped financial assistance at the time of purchase.

In fact nothing is there like said by him.

We were never good friends but known to each other. No any financial transaction ever during the documentaion of lease. His father and uncles were farmers at relevant time also.

please advice,

how to file case now?

my emaiml id



 5 Replies

veenzar (Advocate)     05 March 2008

If the lands are separable, you can file two suits seeking possession of the lands, one for the leased land and the other for the encroached portion. Alternatively you can also file a single suit by joining the causes of action. Better you approach a senior lawyers handling civil cases

veenzar (Advocate)     05 March 2008

The lessee can make any allegations regarding his friendship and financial assistance but he needs to prove the same before the court. So do not worry about it.

Jithendra.H.J (Lawyer)     12 April 2008

Dear Shankar,
before the court you have to prove that you are in possession of the property from the date of purchase, there will be recital in the deed of sale that" possession is handed over to you, and the Records of rights and other revenue records must be standing in your name, revenu records are sufficient for some extent to prove that you are in possession, you must not say before the court that you are not in possession, you may have to take some nieghbour land owners as your side witnessess to the court to say orally that you are in possession. if you admit that the lease deed exists you may loose your case along with your purchased land, it is for him to prove the lease deed if you deny the lease deed, he may have forged your signautre, for this you can file criminal complaint for forging your signature, one thing you must remeber that advise on the the civil disputes is a very difficult task without seeing the documents.
you can mail me regarding this

Rasik Dagli (Lawyer)     23 April 2008

You have not stated whether Lease Deed is a registered or not. As the Lease was for 15 years it must have been be registered. Anything argued by Lessee which is against the contents of a written document will not be believed by any court. The provisions of Indian Evidence Act are against him. If there is any arrangement by Lessee to purchase land in your name but he will be the owner, this will be hit by Benami Transections Act. There are all possibilities that you will suceed.

gagandeepsingh.bagga (Practising Lawyer )     28 April 2008

please keep these question prepared before contesting the case in the court as builders are also habitual of court cases 1. Till 15 yrs who was having the possesion of the property. 2. Status of all your documents revenue records in govt books . 3. Witness and social goodwill of the area where the property is situated. 4. Definately if he is financially strong enough police wiil also be incuded by him in any multiple suits ...............prepare all these facts you are the winner if u think u cant then u will only waste time in the court of law. one thing more it will take around 5 years for fruitful results ......................accept that

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