do not think so much if you feel that you are confused then you can obviously go to high court if civil court does not entertain your plea ,try to file permanent injunctiion as soon as possible
Permanent injunction
Dear Sir, I bought a agriculture land in Delhi in an unauthorized colony in 2002 from a property dealer on GPA,Sale deed and will and all these documents are notary attested and registered under sub registrar as well and I am living here since that time only. but suddenly someone is claiming this land and he filed a case on this land in SDM court Delhi in November 2011, saying that somebody sold this land on forged documents, We got a notice from SDM court to appear in SDM court in February 2014. On approaching a lawyer he said one can not file the case in SDM Court after such a long time period because you are living in this house since 2002 and the person who is claiming to be the owner of this land has filed this case in SDM court in November 2011. He said one can file the case in SDM court within 3 years from the construction took place. And he assured us that do not worry this case will get dismissed from the SDM court on this ground and you are safe. But I am confused about the fate of this case. We build this HOME with all my life time Hard Earned Money and now We do not have money to buy another Home for Us. We come to know through some other Lawyer (my brother's friend) that I can file for Permanent Injunction in Civil court as you are living in this place since last 12 years and meanwhile my brother approached another lawyer he said you can not file for Permanent Injunction in Civil Court for that you have to go to the High Court. He said that one can not go to the Civil Court from SDM court and one has to go the High Court and not to the Civil Court. Now I am confused, Kindly Guide as I do not know anything about Property Laws of Delhi. Kindly help us that what will happen to our house and what we can do to SAVE our Home. Kindly advice What to do. Waiting for your reply Best Regards K.Banu
Asked 10 years ago in Property Law
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4 Answers
1) you have stated that you had purchased agricultural land in 2002 . you have sale deed and it has been duly registered in your name .
2) in Nov 2011 a person claiming to be alleged owner claims to be owner of said land and has filed case in SDM court . engage a local lawyer and fight case on merits .
3) you can also file declaratory that you are owner of said house . since you have registered sale deed in your favour you can also obtain an injunction restraining the alleged owner from disturbing your possession . the issue as to whether suit will have to be filed in High court or not would depend upon pecumiary jurisdiction of the court . only a local lawyer can guide you where the suit has to be filed .
4) Mr Rajeev Bari is from new Delhi . you can meet him for consultations in this regard
1. Did you carry out the due diligence test before purchasing the property? If it was carried out in the manner it should have been then you should rest assured that your property will be safe. If, however, it was not carried out then you are indeed on a sticky wicket and at the mercy of this man.
2. You have already engaged a lawyer who has advised you that legal action could not have been brought before SDM after 3 years. You should repose your faith in your lawyer as he is a trained legal mind.
3. If any adverse order is passed against you then you do have the right to move the higher courts to challenge such an order which infringes your rights.
4. Additionally, when you have the sale deed registered then you may file a counter case of affirming your ownership to the property and also seeking a stay order against this person to prevent him from ousting you from your property. You have not mentioned what is the value of property mentioned in sale deed, which if told would have enabled us to form an opinion on whether SDM could have dealt with your case. .
In the facts of the case stated by you, no complaint is maintainable before the SDM. If you are in possession of the property for such a long period you can be dispossessed only by due process of law. Executive Magistrate can exercise his powers when there is apprehension of breach of peace but due to your undisputed possession for such a long period supported by various documents electricity bills etc, he can not but to make order advising the complainant to take recourse to civil law.
You have not stated under what provisions of law he has approached a court of SDM
