Hi, I have a farm land of 10 acers far away from my village. Since I can't do farming I gave it for rent. I took loan from one person(A) and partially repaid and said I couldn't pay the rest. But he is not letting me do the farming in that 10 acers of land and also not letting me to give it for rent. This is happening for 5 years. The land is not being cultivated at all for 5 years. The 10 acers is a registered land. I have pass books also. When I went to near by police station, the police also didn't respond well. It seems he took commission from the person A. A has some political background. And he is insisting me for paying interest on interest of the principle for over 10 years. Since he has some political background my neighbors also not helping me. Please help me what can I do in this situation.
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1)claim of lender is barred by limitation
2) file suit and seek court orders to restrain the lender from disturbing your possession of land or creating obstacles in your giving land on rent
3) since Police is refusing to lodge FIR file private complaint against the lender before magistrate under section 156(3) of cr pc to direct Police to investigate abd submit report
File a police complaint to the local police if the police is not taking any action against the person, file a private complaint with the local Magistrate Court through a Lawyer.
file a case for injection against the person restring him or any person entering into your peaceful possession and enjoyment of the property.
Loan and interest thereupon can be recovered from you only in accordance with such a procedure which is legal.
No one can obstruct you from tilling your land, whether or not you owe some money to them. Write to the concerned SP and SSP in the matter. If still no FIR is lodged, file a private complaint under section 156(3) crpc.
Hello,
If the police is refusing the register the FIR then file a complaint before the magistrate under section 156 (3) of Cr.P.C.
Also, since they do not have any rightful claim over the property therefore you may file a civil suit for injunction thereupon restraining them from creating obstacle in your peaceful possession.
contact a local lawyer.
Regards
This is a civil dispute and that is why the police is not taking sny action.
File a civil suit for declaration and in the same suit seek injunction so as to restrain him from disturbing your peaceful enjoyment of the property.
The amount of proof you have there should not be any difficulty in getting desired results on the line of action advised above.
1. Since you have all title deeds and possession certificate, you can easily get ex-parte injunction order against all such persons who are interfering with your cultivation either by yourself or through laborers.
2. Please lodge a compliant with concerned authorities against A stating that he is engaged in money lending business without licenses and that he is claiming abnormal interest.
3. In your interest you may find out a very strong person who is ready to pay face litigation's, and mortgage the property in his favor by way of registered deed. Alternatively you may go for bank loan and thus enjoy fruits of the said land, indirectly.
Can I file the private complaint, by my own? I am staying in Bangalore(Karnataka) doing job, and my farm property is at Srikalahasti AP. I can't go frequently to my home. Is there a way I can go to local court here in Bangalore. Since I can't go to my home town, the other person is taking advantage of it.
.1) you have to file private complaint in Srikalahasti AP only
2) you cannot file it in Bangalore as no part of cause of action has arisen in Bangalore
3) you can file complaint on your own but is better you engage a lawyer for said purpose
It is advisable that you take help of a local lawyer to file this private complaint.
This complaint cannot be filed at Bangalore but has to be filed in the Court having territorial jurisdiction in the matter. \
Contact a local lawyer at Srikalahasti AP.
Hello
Since the cause of action has accrued in Srikalahasti AP., therefore the complaint is maintainable there only and can not be filed in Bangalore.
yes you can file it yourself, but since you are not living in Srikalahasti AP. therefore you may engage a local lawyer and file the same through him/ her.
Regards
Court has it own jurisdiction within which they can exerciser their power in your case you need to file a private complaint within the jurisdictional Magistrate Court.
You can file the private complaint by your own., but we suggest you to file the private complaint through a Lawyer only since you may not know the court procedure and provisions of Law.
Yes, from the dictum of Hon'ble Supreme Court which is reproduced below, you can filed the Private complaint by executing Power of Attorney in the name of some other person.
REPORTABLEIN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 73 OF 2007
A.C. Narayanan .... Appellant(s)VersusState of Maharashtra & Anr. .... Respondent(s)
WITHCRIMINAL APPEAL NO. OF 2013(Arising out of S.L.P. (Crl.) No.2724 of 2008)
Shri G. Kamalakar .... Appellant(s)VersusM/s. Surana Securities Ltd. & Anr. .... Respondent(s)
J U D G M E N T
P.Sathasivam,CJI.Criminal Appeal No. 73 of 2007
While holding the view that the power of attorney holder can be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the N.I. Act, the court has laid down specific guideline...
The Court thus settled law in the following words:- “(i) Filing of complaint petition under Section 138 of N.I Act through power of attorney is perfectly legal and competent. (ii) The Power of Attorney holder can depose and verify on oath before...
(iv) In the light of section 145 of N.I Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of the N.I Act and the Magistrate ...
Hi, if police is not responding file a consoling directly in court with help of advocate under section 200 Crpc .. You can also file a application under 156(3) Crpc , under which court can direct police to register FIR agianst the accused persons
1. IN these circumstances the remedy in your hands is to file suit for permanent injunction against the man to restrain him from disturbing your peaceful possession to the land.
2. Furthermore, file a private complaint case under 156(3) CRPC to direct the police to lodge the FIR against him.
Since the cause of action has arisen in Srikalahasti the complaint is maintainable in the court in Srikalahasti only.
No way to file case in bengaluru where property situated there you have to file in court
It becomes your duty to repay the loan amount if you have borrowed, without repaying loan, you cannot claim any action to be taken against him.
However, if the local police is not taking any action agaisnt the lender to prevent him obstructing your possession and enjoyment of your property, you may approach the higher police official on this or you can file a petition under section 156(3) cr.pc. against the police seeking direction to initiate proper legal action on your complaint and also you can file a mandatory injunction suit against the intruder on the same grounds.
If the loan was borrowed without any evidence and it is more than three years, then it is barred by limitation.
Can I file the private complaint, by my own? I am staying in Bangalore(Karnataka) doing job, and my farm property is at Srikalahasti AP. I can't go frequently to my home. Is there a way I can go to local court here in Bangalore. Since I can't go to my home town, the other person is taking advantage of it.
You cannot file any case in Bangalore when the reported incidence took place and the property is situated in some other place.
You have to make your own arrangement to safeguard and secure your property.