Legal Question in Appeals and Writs in India

Some one has illegally occupied my housing without having any agreement or document proof signed by me. but all he produced one rent agreement signed by some 3rd person who did not have any authority to do so. After our lodging the complain in police the case went to SDM court in Jhandewalan. Meanwhile that person took a stay order to use that property and stay there by civil court. Can we have any way to get our house vacated atleaset till the time court proceedings are on. I even with that house can be sealed but I do not want that person to use my property.

Asked on 8/28/09, 6:12 am

3 Answers from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants

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I think you should approach the high court to get the stay order vacated.

M C Gupta

Answered on 8/28/09, 6:18 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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how can a person illegally occupy your property without any express or implied consent of yours. do elaborate all the facts and circumstances leading to trespass. you may initiate criminal proceedings against that person for criminally trespassing and as that person does not have any documentary proof, your case is stronger but the courts cannot let you forcefully throw him out. you need to contest the case and make sure the same gets dismissed.

Answered on 8/28/09, 6:22 am

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KAMAL GROVER

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U have to approach the District court in revision and to vacate the stay. Jhandewalan court is magistrates court and its revision is in district/Metropolitan court. U can approach us to get it done.

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Answered on 8/28/09, 10:40 am

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