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Mr Sreejit (     19 April 2011

Mischief and Nuisance created by neighbour

I am very frequently getting disturbing, dictating and threatening calls from my neighbour who bothers me for a false reason.


A common court yard, prior to partition of the undivided house, now is declared "OURS' by a Partition cae at Calcutta High court, is the core of the issue.

Also it is declared in the Partition Deed that our opponent cannot even open their existing windows towards the courtyard as the entire area/side belongs to us and the wall on which their window exist is nothing but their boundary wall.


On some false pretext of CLEANING MY COURTYARD, he illegallhy ventures into my courtyard by some way or other and DID THE JOB of CLEANING in MY ABSENSE.


This, as per lay amounts to trespass and venturing into some other's privacy and constitutional right.

Earlier a case of three time burglary of my house committed  by the same culprit, is STILL under investigation, NOW the purpose of continued interference without any cause of reason just shows their intention to grab my property and, may be even to murder me and my family.  




Under what Act and Section can I proceed, considering the fact that their is no proof of his DOING THE JOB OF CLEANING, except a written complaint to Police H.Q of his oral threat almost a year ago, for which the Police Authority, CALLEDE US (THE VICTIM) FOR A FORMAL ROUND OF INQUIRY, and then kept tight lipped till now.






 7 Replies

Democratic Indian (n/a)     19 April 2011

"Job of cleaning" is no criminal offense. How can you say that cleaning of courtyard is criminal offense? If you think that you and your family may be murdered, better apply for arms license. Getting an arms license is not a matter of "threat" or "no threat", it is matter of your right. Having said this, I would like to emphasise that, rather than getting into disputes, it is always BEST to live amicably with your neigbours and everyone around.

Mr Sreejit (     20 April 2011

The intention of the person entering our courtyard in the disguise of 'cleaning'  is to encroach and capture. When the place is mine and when it do not require a cleaning, how can a stranger enter my premises, whatever reason he want to narrate.

Does not our constitution protect innocent civilians like me ?

shekhar (proietor)     11 July 2011

sir,first i think no one is permission to rnter in ur premisses withought your permission. second arrange cc tv cam and human sensor in this area. human sensor will on as soon as any person will enter in your premises. and by that sensor u can make  a camera on  contact cctv dealer.


File a writ under articel 226 in High court as it is clearly a violation of human right.(i.e right to life and personal liberty).

Mr Sreejit (     12 July 2011

Thanks for utilising your time and energy for my sake. This is  not a lone case. the culprit had done a massive burglary in my house, looting worth 70 lacs when i was not there and also threatened me over phone that he will enter my premises weather i am present of not. and the same is made as a complaint letter and emailed to commissioner of police who instigated an inverview, ofcourse for formality sake and the report is still pending.

I made a complaint and FIR was made on this but sofar no action.

I am not ginding a SOUND LAWER to advocate my case at Kolkata HC, reason, my case is against STATE GOVT(PLOICE). If you could refer an APT professional with guts and grey matter, that will help me come out of this.





Attached File : 62474 193711 32 fourth incident of trespass to cp kp.doc downloaded: 116 times

swarnam J Rajagopalan (Advocate)     13 July 2011

In my opinion, file a Writ Petition under Article 226, seeking a direction to the Police Department to expediate the trail of robbery case within a specified time frame. Also gather evidences of the tresspass made by him, as advised by one member, you can also install a CCTV camera and record and once you have ample proof of the tresspass committed by your neighbour, initiate a separate complaint for tresspass and prosecute. 

Sudhir Kumar, Advocate (Advocate)     26 November 2011

Pet a ferocius dog.Keep him loose in the court yard.  Get a high fencing.

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