Sir, the plot on which my house had been constructed was bought from a person. And we three persons bought the plot belonged to its old master. As per our consent on left margin of the plot 5 feet open land was left from starting to end for our use as road. we three persons bought the whole plot and this open land was to be used as road for ourselves. but the link road from the major road touched our plot at its middle. So a major part of the open land on its both ends became useless. Therefore we 2 partners constructed some structure on the end of the open land fronting our plot. There is no any such agreement that we are going to leave this whole open land as road but the map that i get passed from municipality for house construction there the open land was described as the road. Now a neighbour ,not any buying member of this plot, has filed a case of illegal encroachment of the structure that i had constructed on one end of this land. As said before there is no agreement about the road but in the house map passed from municipality this open land has been described as road and none of the 2 partners of this plot has any objection regarding this. And the structure constructed is approx 15 years old. Now, please tell me that will i have to demolish the structure. And any one else not the partners of the plot can file such case of encroachment as it should come as private property.
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if you have carried on construction as per building plans sanctioned by municipal corporation your building would not be demolished
2) if your land has been reserved as road you cannot carry on any construction on said plot
3) wait for issue of action on complaint filed by neighbour
sir this one is like private property and not reserved for society`s road. Its on us to leave it as road.
1)if it is private property owned by you then it would not be demolished on complaint of neighbour
1. What is the locus standi of the neighbour who has filed the case? Does he possess title to the land on which you have made the construction?
2. If the construction is illegal i.e if you have made it on the land the title with respect to which does not vest in you then the title holder can file a suit for your eviction and also a criminal complaint for criminal trespass.
Now, please tell me that will i have to demolish the structure. And any one else not the partners of the plot can file such case of encroachment as it should come as private property.
If the person who filed this suit is nowhere concerned with your property nor the land on which the structure now stands, then his suit may not be maintainable.
You can file a petition unde O7R11 CPC seeking rejection of plaint on this ground itself.
sir this one is like private property and not reserved for society`s road. Its on us to leave it as road.
In this private property, a third person cannot interfere nor has any maintainable grounds to file this suit for encroachment.
You can challenge it by strongly defending your property.