Legal Question in Criminal Law 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.

I was advised by few of you to file a petition against to vacate the stay given by district court. Stay order language is as below. Pls help if I can file the petition to vacate the stay and get my property vacated atleast.

Order Dated: 10-07-08

Fresh Vakalatnama filed by defendant no.1. Be taken on record. A list of documents filed on behalf of the plaintiff. Be taken on record. Copy supplied. It is not disputed by counsel for defendant that plaintiff is in possession of the suit property. He has submitted that he is a rank trespasser. However factum of possession is not disputed. The defendant and its agents are restrained from dispossessing the plaintiff till the NDOH without following the process of law. Copy of the order given to dasti. WS and reply be filed. Copy of WS and reply be supplied in advance to the opposite party atleast one week prior to NDOH. Arguments on interim order for 21-08-08.

Order Dated: 21-08-08

Plaintiff present with the counsel but none for defendant. No adverse order is framed. Put up for filling WS and arguments on interim application for 1-12-08. Interim order to continue till NDOH.


Asked on 2/16/10, 1:35 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the rent agreement was executed by some one who did not have the authority to do so, then the person is a trespasser only and you may also approach the court for vacating the stay order on this ground. however, i would like to go through the entire case for a better opinion.

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Answered on 2/16/10, 4:00 am


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