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Shaher yar   23 February 2023

Property dispute

Hello.

House was constructed by A on ancestral land and residing in the house from 6 years . His brother has asked for share in house and filed a case in civil court. Case is pending there . Subsequently his brother has filed another case before tehsildar . Tehsildar has issued notice and is directing A to allow his brother enter in the house. A contested that case is pending in civil court but tehsildar is not listening to him and has threatened him of dire consequences.

My query is whether Tehsildar has the jurisdiction to entertain the case ? 

Any judgement on it ? 



Quick Summary
A homeowner built on ancestral land and has lived there for six years. His brother has filed a civil court case for a share of the house, which is still pending. Subsequently, the brother filed another case with the Tehsildar, who is now ordering the homeowner to allow his brother entry, despite the ongoing civil proceedings. The homeowner questions the Tehsildar's jurisdiction in this matter and seeks guidance on how to address the interference from the Tehsildar's court.

 3 Replies

Shashi Dhara   23 February 2023

Inform it to court that thasildar is interfering and take stay by filing application .

 

Dr J C Vashista (Advocate)     24 February 2023

Which court has subject jurisdiction is to be decided ?

Generally Tehsildar have no jurisdiction over residential property.

Seek advise of your lawyer, if you have not lost his / her faith.

Real Soul.... (LEGAL)     24 February 2023

Just inform the Tehsildar about the case pending in court for the same subject and file application before tehsildar with  proof of case pending before civil court for dismissal. If you got any interim order from civil court file that too in the tehsildar court..


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