Take out contempt of court proceedings against tehsildar if he is refusing to comply with HC orders
2) sale made is void
3) contact a local lawyer
Section 250 of MPLRC
Hi there, We have received share from our parental property in 2019 by the Hon'ble High Court.Earlier we got to know that a person hai .126hec of illegal possession in our share because one of the co share holder sold his share. We have HC order to complain to Collector and other revenue authority to give you the possession which we did in Oct 2023 but no action take so far as the Tehsildar and SDM are working in their favor. When we tried take take possession of the illegal possession which the then Tehsildar ordered the other party threatened us and on very next day they increase their possession and when we complaint to Tehsildar about it he asked us to file application for 250 again then we went to police to file complaint against their trespassing but they are of no help and said the Tehsildar asked us not to file FIR against that party. Currently the case is under ADJ court on appeal against the denial of application under 7/11 passed by lower court. In ADJ court since Sep 2023 we are getting date on a note that one of opponent lawyer has to submit death certificate and power of attorney of the deceased shareholder even though that shareholder sold her land when she was alive and there is no record of her in the Revenue record since 2022. Please refer to my previous question for a detailed brief of the case in the past. Now here are my questions:- 1. Can a Tehsildar keep the HC order on hold for almost a year. 2. Can a third party move to the court to challenge partition accepted by High Court even after getting the share from the share of the seller. Though the sell purchase was made knowing the fact that partition case in going on. So is this transaction is legal as we got to know that sale made during hearing of a case is a void transaction. 3. Once we won the case of Sec 250 of MPLRC in April 2024 but on very next day when we tried to boundary the opposition threatened us and when we complaint to Tehsildar he said I have no idea who is the real owner and when we tried to file FRI he asked TI not to accept our application and when we again reach out to the Tehsildar he said to file for 250 again so that he can claim illegal possession again and then again we have to go to Tehsildar court then SDM court then Commissioner and this will go on as they will try to repeat it again and again as they have direct support of local revenue authorities. The best we know is thay in the changes made in 2018 for such case.
Asked 1 year ago in Property Law
Religion: Hindu
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10 Answers
1. Legally , the Tehsildar has no authority to hold the order passed by the High Court , and you can file a Contempt petition before the High Court against the Tehsildar.
2. During the pendency of the Partition suit , no party has right to sell any share in the property
- The sale deed can be cancelled after filing a declaration suit before the Court, if the partition suit already concluded.
3. You can file a complaint before the higher police official , if the police refused to take legal action against that party and Tehsildar.
- Further, if no positive response, then file a complaint before the Judicial Magistrate.
1. The HC order is to give complaint to the district collector, rest of the things will be taken up by the authorities as per law. The Tahsildar has not been directed to give possession of property to you, hence you have to go by the procedures of law.
2. Yes the subsequent purchaser can challenge the court order if he is aggrieved.
3. If the Tehsildar is not obeying the court order and the collector also is not responding then you can file a writ petition before high court seeking direction to Tehsildar directly from high court, which has to be obeyed by the Tehsildar.
Dear Client,
- A Tehsildar is obligated to comply with a High Court order without undue delay. If the Tehsildar is not taking action, you have several options, which includes, filing a contempt petition against the Tehsildar, filing an Right To Information (RTI) application and approaching higher authorities if required.
- Generally, once a partition decree is passed by the High Court, it is binding on all parties. However, third parties may challenge it under specific circumstances, such as, if the third party's legal rights are directly affected by the partition decree, they may have grounds to challenge it.
- If you have already won the case under Section 250 of the Madhya Pradesh Land Revenue Code (MPLRC), 1959, but face repeated threats and legal hurdles, consider complaining to the police . If they refuse, escalate the matter to the Sub-Divisional Magistrate (SDM) or the District Magistrate (DM) and request their intervention.
Consulting with a property lawyer who can guide you through these steps and represent you in court is crucial. Should you require any further clarification, please do not hesitate to contact us.
Can you please provide some citing confirming the sale made during pendency of a partition suit is void as we have next hearing on July 29. Also as I said the Tehsildar and SDM are walking hand in hand in favor of that illegal occupation. Infact I provided some recent SC judgment to the SDM and requested him to do the needful but he denied stating that all the reportable judgment that you have provided are in someone's name and not yours. We have been informed about the recent changes made in Sec 250 MPLRC that if after seven days of passing the order of removal of illegal possession the party again occupy or increase the possession then Tehsildar has to give notice to take disciplinary action so will that be done by default or do we have to file an application for it.
Asked 1 year ago
Has any stay order been passed restraining sale of property during pendency of partition suit
the defend ants-respondents ought not to have sold the property during pendency of the partition suit. Even if such transfer is made, that will be subject to the decision of the partition suit and such transfer is also hit by lis pendens.
the property sold during the pendency of the suit is hit by the Doctrine of Lis Pendens and any such sale would be void in terms of Section 52 of the Transfer of Property Act.
If there was no stay order by court restraining the defendants from alienating the property in any manner till the disposal of the suit, then the sale deed cannot be held as void.
The supreme court judgement will be considered by the courts alone and not by the authorities like these because they require a clear and specific order from court staying the alienation of property during pendency of civil suit.
I would like to fight my case by my own. Can you give me some citation to prove our side. Summary is below:- My mother got the share from HC in 2019 and the court was informed that a part has been sold referring to this order the then SDM alloted the share to the buyer from the share allited to the seller. Since then we are fighting to get physical possession of our alloted share we have order of MPLRC thrice but the still that person is maintaining his illegal possession by threatening us and because of the support of local revenue authorities and police. We have filed multiple complaints wrote to PM Helpline CM Helpline, Filed RTIs but no satisfactory help. We moved to HV twice again for the same in the first Order of Feb 2023 they asked to execute the order of 250 passed by Tehsildar in 2020 and then when no response received from revenue authority we reached again in Oct 2023 then HC order to file complaint to Collector SDM and Tehsildar if you have not been given physical possession of your share which we did but both the order have not been executed so far. The order of Feb was executed in name sake like one day the Revenue Officer visited and asked to remove the illegal possession and when we asked the RI to clarify the owner of the land in front of all present he ran away and on the very next day when we try to boundary the opponent came with locals to threatening us. We made complaints to Tehsildar he asked to file for 250 again so thay he can claim illegal possession again th record so thay we have to fight 250 again. The we moved to Police where we were informed that Tehsildar asked them not to file our complaint. They have have us sign the bond over for 1 yr we and the opponent is constantly increasing his illegal possession in this time so that we can't get the possession. At present there is just one case going on in ADJ court whose next hearing is on July 29th. Please help and is there any doc which I need to submit before presenting the case.
Asked 1 year ago
If there is case going on in the ADJ court, you may pursue it properly.
If you want to conduct your case as party in person then you give a notice to your advocate terminating the vakalatnama given to him and file a memo seeking permission of court to appear as party in person.
The orders of the high court is to seen to render any opinion on that subject.
You must engage a local lawyer to fight your case
2) issue legal notice to tehsildar to comply with HC orders of delivery of vacant and peaceful possession
3) take out contempt of court proceedings against the encroacher and tehsildar
You have HC court. Better file contempt against all.
Dear Client,
By law, the Tehsildar is required to take action without needing a separate application. However, given the current situation and apparent bias, filing an application to request enforcement and disciplinary action can help document your efforts and compel the authorities to act.
Given that you are representing yourself, Document copies of the High Court orders granting your share and directing the removal of illegal possession. Document all complaints filed with the Tehsildar, SDM, and police. Include dates and responses. Include any RTI responses that indicate a lack of action or bias by the authorities. Emphasize on the point that the sale was made during the pendency of the partition suit, which renders it void under Section 52 of the Transfer of Property Act, 1882. The cases of Jayaram Mudaliar v. Ayyaswami and Ors., AIR 1973 SC 569 and Hardev Singh v. Gurmail Singh (2007) 2 SCC 404 can help you in proving your point, which held that doctrine of lis pendens aims to prevent third parties from purchasing property that is under litigation, thereby maintaining the status quo until the dispute is resolved and any transaction made during the pendency of a suit is subject to the outcome of the litigation and cannot prejudice the rights of the parties involved in the original suit respectively . By following these steps and presenting a strong legal argument supported by relevant laws and case laws, you can effectively fight your case and seek justice. Should you require any further clarification, please do not hesitate to contact us.