Legal Question in Civil Litigation in India

About to 10 years ago, my neighbor has constructed his house over the area, excess from that mentioned in his sale deed, by encroaching about 4 feet of a private lane that is in use of both and another neighbor. Now he has filed a suit for easement right for light and air regarding my construction which is being constructs 3 feet (remaining width of the lane) away from his building. I have submitted my Written Statement but not the Counter Affidavit till now. My questions are -

1- Now, can I make a counter claim for demolition of that portion of the building which is constructed over the excess area?

2. Someone saying that limitation period for counter claim for demolition of construction is 3 years and someone saying that it is 12 years. Which of the limitation period would be applied for this above mentioned case?


Asked on 9/15/13, 12:10 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.09.2013

Dear Sir / Madam,

Since you have filed your written statement in the Court, you should plead that the Judge closes the case for further hearing, and expedites the passing of the judgement and Court order which will automatically determine the further course of action you may take in amicably resolving the matter.

Regards,

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Answered on 9/15/13, 11:20 pm


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