Possession dispute civil cases in Indore
Possession dispute civil cases in Indore
A possession dispute civil case is a legal proceeding that is initiated by a party who claims to be the rightful possessor of a property against another party who is actually in possession of the property. The purpose of a possession dispute civil case is to obtain a court order that declares the plaintiff to be the rightful possessor of the property and directs the defendant to vacate the property and deliver possession to the plaintiff.
Common causes of possession dispute civil cases in Indore
- Landlord-tenant disputes: A landlord may file a possession dispute civil case against a tenant who has overstayed their lease or who has refused to pay rent.
- Squatter disputes: A landowner may file a possession dispute civil case against a squatter who has taken possession of their property without permission.
- Family disputes: A family member may file a possession dispute civil case against another family member who has taken possession of the family property without their permission.
- Partition disputes: A co-owner of a property may file a possession dispute civil case against another co-owner who has taken possession of the entire property without their permission.
Procedure for filing a possession dispute civil case in Indore
To file a possession dispute civil case in Indore, the plaintiff must file a plaint with the District Court. The plaint must include the following information:
- The names and addresses of the plaintiff and the defendant
- A description of the property in dispute
- The basis of the plaintiff’s claim to possession of the property
- The relief that the plaintiff is seeking from the court
Once the plaint is filed, the court will issue a summons to the defendant. The summons will require the defendant to appear in court on a specific date to answer the plaintiff’s claims.
If the defendant does not appear in court on the scheduled date, the court may grant the plaintiff a decree in absentia. A decree in absentia is a judgment that is entered in favor of the plaintiff without the defendant having the opportunity to defend themselves.
If the defendant does appear in court, the case will proceed to trial. At trial, both the plaintiff and the defendant will have the opportunity to present evidence to support their claims. After hearing the evidence, the court will issue a judgment.
If the court finds in favor of the plaintiff, the court will issue a decree of possession. A decree of possession is a court order that directs the defendant to vacate the property and deliver possession to the plaintiff.
If the court finds in favor of the defendant, the court will dismiss the case.
Enforcement of a decree of possession
If the defendant does not comply with a decree of possession, the plaintiff can apply to the court for a writ of possession. A writ of possession is a court order that directs the bailiff to evict the defendant from the property and deliver possession to the plaintiff.
Conclusion
Possession dispute civil cases can be complex and time-consuming to resolve. However, with the help of an experienced civil lawyer, you can increase your chances of success.
If you are considering filing a possession dispute civil case in Indore, it is important to consult with an experienced civil lawyer in Indore to discuss your case and develop a legal strategy.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
