Property encroachment
Sir i own a property in Shirdi, Maharashtra.
My plot is front facing to the water park, 5 minutes away from railway station and 5 minutes from the mandir.
There is a airport danction for Shirdi aswell.
The main point that i purchased a plot from the second party which measures 4 gunthas as on agreement sale deed.
The first owner intially owned 33 guntha which he subdivided and sold to second party. At the time he sold the plot the land in 1989 to the second party the land was agricultural, thereafter in the year 1992 they both and the adjacent plot owner applied for a N/A order which was passed.
The previous onwner to my plot sold me the plot in 1997 which was already N/A.
The very first owner was aware that the plot was sold to me sold to me as he stays further back to the back end of my property, between both our properties the is a open space of 10 m that divides our property and a common friend had introduced me to him.
The so called very first owner called X had himself showed me the 4 corners of the boundary as it was marked with trees.
The second party called Y was now out of the picture.
Note Y bought plot from X in 1989
N/A ORDER IN 1992
I MR Z bought plot in 1997
Towards West back end of my plot Open space between Mr X property and mine
I put up a wire fencing in the year 1999. Mr X did not day anything.
In the year 2008 Mr X dumped sand and stones and damaged the wire fence and poles to the back end of my plot which is in West ( front side of plot is East which is Road facing)
I asked him to remove the material as he was wrongfully using my property.
He turned around and told me that the area to the west end of my plot belonged to him.
I then appeal in court. The decree was in my favour.
During this trial all documents showed i was the owner and a surveyor which mr X brought to measure the land stated that the both parties are in their rightful places.
Mr X appealed for stay but was rejected and then appealed in district court.
The Judge gave me a setaside order and him mr x an allow.
All lower court judgment was overlooked.
On the contrary i have found differances in the property layout.
First layout is got date of 1991, 2 stamps signiture of town planing, and collecters signiture and date 1992 n/a order certified.
This layout shows towards the west end of my plot an open space area then road then Mr X plot.
This map was not submitted as the actual property layout.
The map thatwas submitted in court was having only townplanners signiture which looks suspicious, town planners stamp and the same date of 1991 (all on the right hand side)
On the leftside botton end, stamp of Amednagar, a signiture and the year 2005.
I went to Amednagar Land records dpt. For N/A records and they pulled out 2 of the very same description given above, but what shocked the officers there is that why were there 2 layouts and one of them which only hand one stamp on the right hand side of map not having collectord signiture, this map was cut and stuck with sticky tape and the entire area of my plot west end changed to only the open space dividing our plot.
He moved the road from the adjoining open space to the back of his plot.
The officers immediately daid this is a 420 case and for us to complain to RTI. Which we did immediately, they themselves were shocked and said the very same this is a case of forgery.
I am still awaiting for file to come from RTI.
Note the government surveyor who measured the plots submitted the map having the collectors signiture and stamp, reflectingb1992 date, open space then road. The court over looked these differences.
BUT MY MAIN ISSUE IS THAT I DO NOT KNOW ALL THE TECHNICAL ASPECTS OF GETTING AN N/ A ORDER.
And how to jugde this matter.
Please advice as i feel i will loose this property to Mr X.
As the court has overlooked all my rightful documents and proof.
How can he claim apart of my property without proper proof of how much area is concerned.
An open space is between both our plots.
And he is refering to the map only with one stamp and signiture.