SUBIR KUMAR SANYAL (SELF) 22 September 2021

Our neighbour filed Title Suite against us claiming the municipal Road of her own.

After the death of my grandmother, her two sons recently sold her property. We have been using the approaching narrow road of 40 x 3 ft to enter our house for the last 60 years. That road has been marked as a municipal corporation road for the last 20 years and is also marked in the corporation's map. My neighbor recently filed a title suit claiming the road as her own property and filed a lawsuit in the name of us and the buyer.
What should we do in this case?

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Quick Summary

A neighbour has filed a title suit claiming a 40x3 ft road, used by your family for 60 years, as their own property. This road is officially marked as a municipal corporation road on maps. Legal advice suggests filing an application to dismiss the suit based on no cause of action and the non-joinder of the Municipal Corporation as a necessary party. If this fails, you will need to contest the suit in court to prove the plaintiff has no title.

3 Replies

Shubham Bhardwaj (Advocate) 22 September 2021

Dear Mr Sanyal, The existing facts indicate that the suit is not maintainable. You mentioned that the narrow road is market in municipal map as a road. In local language it is called revenue rasta or revenue road. Therefore, you must file Application under Order 7 Rule 11 to dismiss the suit for 2 reasons: (1) no cause of action, (2) Non joinder of a necessary party i.e. Municipal Corporation. If the Application succeeds, suit goes. if Application does not succeed, then prove in trial that plaintiff has no title over the property. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Dr. J C Vashista (Advocate ) 23 September 2021

Well analysed, opined and advised by expert Mr. Shubham Bhardwaj despite the fact it is for the knowledge of lawyers which may be out of understanding of a layman. You will have to contest the suit through a local prudent lawyer.

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