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facts in a permanent injuction which stands dismissed will be valid?
17-Jul-2023 (In Civil Law)
Me and my cousin sharing a common land in between my houses, this property is given from ancestors and in which he keep on trying to encroach completely..my advocate filed a permanent injunction suit 4 years back when he attempted to encroach ,As I am not staying there, somehow he build a wall on half part of the land without our notice .
..as part of court hearing , the facts was mentioned like we both agree that this is a sharing land for both us .. hence we have equal rights on the property...he occupied the area on which he has right... Finally the suit stands dismissed as there was no physical proof of encroachment on the other half area on which I have right.
Now again he is encroached some part of the rest of half area,..
can you tell me the above suit is good enough to show as a proof of my right to show police and ask them to demolish the latest occupied area which is fall under my share of property? or do I need to go court again with any other suit ?please help
Dear Sir/Ma'am,
It is not clear whether the suit you filed was dismissed after order was passed in your favour or whether a settlement was recorded in court. There are various options you have:
1. If the suit for permanent injunction was decreed in your favour then execution proceedings can be filed to effect the partition by metes and bounds by a court appointed local commissioner.
2. If it has been less than six months since you were dispossessed of your share then you may file a suit under Section 6 of Specific Relief Act.
3. If it has been more than six months from date of dispossession then a suit under Section 5 of Specific Relief Act will lie along with an injunction to demolish the encroachment made on your land.
4. As per your query. Police cannot demolish the structures. At most police can stop the dispossession and construction of encroachment while it is happening not after it has happened.
It is not clear whether the suit you filed was dismissed after order was passed in your favour or whether a settlement was recorded in court. There are various options you have:
1. If the suit for permanent injunction was decreed in your favour then execution proceedings can be filed to effect the partition by metes and bounds by a court appointed local commissioner.
2. If it has been less than six months since you were dispossessed of your share then you may file a suit under Section 6 of Specific Relief Act.
3. If it has been more than six months from date of dispossession then a suit under Section 5 of Specific Relief Act will lie along with an injunction to demolish the encroachment made on your land.
4. As per your query. Police cannot demolish the structures. At most police can stop the dispossession and construction of encroachment while it is happening not after it has happened.
Helpful?
You should file a partition suit for your share in the property with an interim application for ststus quo so that he does not encroach on your land or construct anything. Going back for filing injunctuon will be a temporary remedy!
Helpful?
Adv. Shreshth Jain
Delhi | 100+ Answers
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