Proving of constructive possession
Jay Pee
RESPECTED SIR,
Requesting your Valuable ADVICE and GUIDANCE.
Kindly note that the position of XYZ are as follows:
i) X -- HIBA HOLDER
ii) Y -- OWNER OF THE PROPERTY.
(PATERNAL UNCLE OF X)
III) Z -- PURCHASER
1- X filed the case against Y and Z.
2- No representation from Y and Z.
3- Ex-parte evidence has been passed.
4- Matter has moved for Argument.
Kindly note that according to the condition of HIBA in Mohammedan Law out of 3, 2 first conditions were proved, but the third condition of constructive possession is yet to be proved. Your advice needed here........ When the Hiba Deed was executed in the presence of witnesses, neither Y nor X were in the possession of the suit scheduled property as the same was occupied by the tenant. Later , the tenant who was from other state, was threatened and forcibly made to vacate the suit scheduled property by the local miscreants and land grabbers... A complaint to this effect with the police dept. could not be filed as it happened to be 10th moharrum and the police were busy with the BANDOBUST and took no notice.
Kindly note that Y ( owner of property ) who is the paternal uncle of X had not trasferred property, water & elect. Bills in his name when he had purchased the property. The miscreants/ land grabbers ( who are not relatives of X & Y ) taking advantage of his old age and ill-health forcibly snatched the Registered Document of his newly purchased house along with his huge money. A complaint to this effect was booked in the PS . No action has be taken.
Now what shall X ( Hiba Holder) do to prove the possession.
Humbly request for an immediate reply.
Thanks a lot. Sorry for the trouble.