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Author Topic: Without serving the notice of case making the exparty order  (Read 1063 times)

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Offline Kumarinzi

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Partition of ancestral property between my grandparents namely 1 , 2 & 3 is made in the year 1977 through an unregistered partition deed and all the property was mutated to their names as per the deed. Among all the property one of the property was purchased in the name of grandparent 3 in the year 1967 (purchased 10 years before the partition done) with joint family money. This particular property was equally shared to grandparent 2 & 3 during partition and the same is mutated to both as per the partition deed and all the land records are in our names(I am the grandson of grandparent 2)as per the deed and we are in the position of the land as per the partition. Now the son of grandparent 3 has filed a case in the civil court that this full property belongs to them and we have done the forgery and mutated this property to our name.
He has taken a temporary injunction stating that the land shall not be alienated till the hearing of the court. We are growing eucalyptus trees in that land and already harvested the trees for 4 times till now. When we were cutting the trees in the land he objected for the same and filed a case in the police station that we have scolded him when he objected for cutting the trees.
Grandparent 3 and his son have sold some of the lands which were given to them in the partition deed and during selling they have stated in the sale deed that those properties were their ancestral properties and the date of partition deed is also stated in that.
Though the case is going on in the civil court, they have filed a case in the assistant commissioner court(AC court) and they have not sent the notice to us regarding the case and they have made it as a exparty decree. After that they have changed the revenue records to their names. This we came to know and filed an appeal in the deputy commissioner court(DC court ) and took the stay order and enter the stay order details in the pahani and the case is going on with DC court.
Finally police has given the final report as B report stating that the complaint which he has given is a false complaint and since we are in the position of the land and the temporary injunction is for not to sale the property and he cannot objecting us from cultivating the land. They have taken the witness from two sons of grandfather 1 for this and in the B report police have stated the partition date and how we got the land.
My question is
-When the partition has happened they have taken the original copy of the partition deed and we(me and my grand parent 1) are having only the photocopy.
-Is this B report helpful for me in the civil and DC court as a witness to state that we are in the position of land since the partition?
-Is he having any rights on the land since the partition deed is unregistered.
-When the temporary injunction is there stating that the property shall not be alienated cantít we harvest/ cultivate the land.
-Since they have mentioned the sale deed date in the property which they have sold can it be considered that the partition is valid.
-I suspect that, since they are having the original copy of the partition deed and which they are not revealing and we are having only the photocopy of the deed they may question in the court for producing the original.
-The mutation record shows all the land survey nos and to whom which survey no was partitioned along with the date of partition hence can we ask for providing the deed to show how they got all other lands if they say that the deed which we are having is a fake one.
- Police has given me a copy of final B report of the investigation and they have told that they have  served the notice to him(our opponent) but he has not collected the notice and told that he will come to police station and collect. Is there any chances that they can re modify the report against us since my opponent is having a political background and if he used this and pressurizes the police to change the report.

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