Legal Question in Real Estate Law in India

I purchased a land measuring 1082 sqft in mouja Panihati, West Bengal in the year 1989 after receiving search certificate from learned counsel. After purchasing the land,the brick was constructed along the boundary. I had left for Mumbai on transfer(service) in the year 1989 itself. I came back in West Bengal and built an one storied house after sanctioning building plan from local Municipality in the year 1997. As I had to take house building loan, the search certificate from learned counsel and Govt. Pleader was again taken before started constructing the house. In the year 1998, I received a summon from the District Court Barasat that a case has been lodged against me by the land lord of my adjacent house. The land lord was not staying in his house. It was rented. The nature of complaint was that the the Dag no. of my purchased land is disputed and the Dag no. where I constructed my house was actually belonged to his land . The Dag no. of the land I purchased was different from Dag no. he claimed. He sought for injunction and khas possession of the land where I constructed the building. In the year 1999, he lodged another case on the same matter against local Municipality as respondent no. 1 and myself as respondent no. 2 . Both the case started and continuing till date. Both the case were subsequently clubbed together by the honourable judge. The municipality never appeared nor submitted any written statement. In the year 2006 all the evidences were over both the plaintiff and myself were interrogated. The plaintiff during interrogation although could not substantiate his claim, the learned Judge established a commission for measuring, inspection and to submit a report. But, the said commission till date did not visit at all. Despite repeated appeal by my learned counsel, the learned judge has not yet dismissed the case till date i.e. the year 2013. Meanwhile, in the year 2006 after the final interrogation, my learned counsel became critically ill and referred me to another counsel for continuing the case. I retired from service in the year 2012. After retiring, I asked my present learned counsel repeatedly whether at this stage of the case, I could construct the first floor. As, I had no intimation of any injunction or stay order, I requested my learned lawyer to verify it meticulously from the court record. Even I requested him to take a permission from honourable court for the construction of the first floor. The learned counsel told me that no permission is required as there was no stay or injunction verified by him in court record. Relying my learned counsel solely, I started construction of the first floor fro 7th May'2013. On 14th June,2013, the Plaintiff came to my house with Police from local Police station with an injunction order issued by the court in the year 2002 dt. 1.07.2002 wherein it was ordered " By an order of temporary injunction parties to this suit are directed to maintain statusquo as on this day in respect of nature, character and possession of the suit property till the the disposal of this suit" . I was totally bewildered because I had no copy of the said order and I was totally unaware of the fact that such type of order was indeed issued. Neither my learned counsel both former and present intimated me nor the learned court has delivered the order to my postal address. The police officer directed me to stop the construction immediately. I told him that I had no prior knowledge about the order. I requested him to talk to my learned counsel over phone for verification of my statement. He talked with my leaned counsel and as per his advice, he handed over a copy of the order to me collecting it from the Plaintiff. The same day in the afternoon, I called on my learned counsel at his home and handed over a copy of the order and requested him to take suitable action. The plaintiff intimidated me before leaving that he would file a contempt of court case against me. Sir, I have not violated the order willfully because I had no knowledge about such order. My learned counsel again told me that so far he did not find any such order in the court record. I requested him to search again. On Monday, the 17th June,2013, I visited the court and met my learned counsel. At that time he intimated that he had found the order today in the court record. He told me that he was unable to explain why he did not find the same order earlier. Now Sir, I am totally confused and mentally shattered. I am suffered economically because a substantial portion has already been constructed and at the same time impending humiliation for contempt of court although totally unintentional. On 28th June,2013, the honourable Judge will hear the dismissal petition again. Please advice me what I have to at this juncture. If contempt of court is filed( till date I did not receive any summon) what I have to do. How can I prove my innocence that I have not willingly violated the court order. When I can again start my incomplete construction. My esteem in the locality has totally been perished. Please send your valuable advice in this hour of severe crisis.

Asked on 6/22/13, 8:26 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

Your line of defence in the Court should be the approval of your plans by the local Municipality. Having already retired from service, you should plead before the Hon. Judge on this 28th to dispose the case on priority without any further delay, and permit you to complete the construction with the meager financial resources at your disposal.


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Answered on 6/22/13, 8:56 am

Shrichand Nahar S.V.Nahar, Advocate

Too long query.

Please consult your lawyer with all details for proper advice.

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Answered on 6/22/13, 11:14 pm

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