CIVIL TRIAL ADVOCACY- PREMISE

INJUNCTION SUIT –STORY

  

                                                 Part-I

Scene-I:

Raghu and Shyam are childhood friends and native of Podur village. Both of them are cultivators by occupation and each one is having one child. Raghu is having male child by name Bharath and Shyam has a female child by name Malathi. Apart from that they are known for their goodness and charity in the village as they used to attend the problems of their fellow men and villagers.

 

Scene-II:

Raghu has two acres of land in the survey no.25 of the podur village. He inherited it from his ancestors on 10.10.1970 and he is personally cultivating the same since then. Shyam possess no land of his own.

Scene-III:

In the course of time as Raghu came to know that his adjacent land owner by name Ramana wants to sell his two acres of land in survey no.26 to meet urgent necessities as such he informed the same to Shyam, who is willing to purchase a land in the village. Accordingly, Shyam purchased it from Ramanna by way of registered sale deed on 10.10.1973 for a valuable consideration of Rs.10,000/-(Rupees Ten thousand only). Since the date of purchase of this land Shyam used to personally cultivate the land.

 Scene-IV:

With the advance of age both Raghu and Shyam due to old age ailments find it difficult to make a comfortable living.  As a result, Raghu is taken care-off by his son Bharat and Bharat by personally cultivating the land of his father residing at Podur with his family.

As Shaym’s only child is a permanent resident of Hyderabad, there is none to look after him at Poddur. As such Shyam daughter, Malathi, insisted him to come down to Hyderabad and live with her. As such, Shaym after much deliberation and pondering over the matter decided leave the village.

 Scene-V:

In view of the above Shyam decided to sell his two Acres land in the village to Bharat for an amount of Rs.100000/-(Rupees One lakh). As Bharat paid only Eighty thousand only at that time, Shyam promised to execute registered sale deed upon receipt of entire sale consideration.  However, Shyam executed a document indicating that he transferred property for above terms. At that time itself Shyam delivered the Possession to Bahrat. This document is scribed one of their friend who is the earlier head men by name Raju. The whole transaction took place at Podur Gram Panchyat office on 10.10.1993.

Scene:VI:

In the meanwhile Raghu and his son made several attempts to get it registered due to variety of reasons including ill health of Shyam it didn’t translated into reality. After some time, both Raghu and Shyam died. Three year after above sale, the competent revenue authorities recorded the name of Raghu as owner and possessor of his father land and possessor of land purchased by him from Shyam.

 Scene:VII:

Though, Bharath should get the Malathi to execute a sale deed in his favour, he paid no interest to it as there is none to dispute their right of ownership of the land. Moreover, the entry of Bharath name in revenue records as possessor of the land put him in relaxed state. Later, Shyam died.

Scene:VIII

As the days rolled off, there is an escalation of land prices in and around Poddur due to construction of outer ring road. Resultantly, several real estate brokers who are conversant with litigating matters and making money out of it had their sore eye over the above land.

Scene:IX:

As such with the aid of neigbouring land owner by name Narsimha, who happens to be a real estate broker and also a resident of Poddur with an intention to grab the land, on 20.11.2011 at about 10:00AM went to the above land with his men and made an attempt to dispossess the Bharath, who is working in the land with his men. Bharath and his men are successful in preventing the wrongful interference of the Narsimha and his men. Narsimha while leaving the property stated that you are not the owner or lawful possessor of the property and he knew how to throw away from the property.

Scene:X:

In view of the above Bharth is afraid of any illegal action on part of the Bharath to dispossess him in view of open threat made by Narsimha that Bharath is not the owner of the property as such he will occupy the same. Though matter is reported to police no action is taken by stating that it is a civil matter. Hence, Bharath is advised to file a suit for injunction restraining the Narsimha not to interfere into the land.

 

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