Question :

Hi…
i’m a student of Law (II) we have 20 Marls plot which is divided into 6 persons, we have only possession on this plot but this plot is not in our ownership because my grandfather was purchased this plot with exchange of gold but the property was not transferred to us due to mutual understanding, all the witnesses has died because it was 1950.
But the issue is that we have buy one more share of our uncle on 1997 and stamp paper is presence with witnesses, but we have not covered the area because it was held only on one room, the other area is possession to my cousin and their rooms are held our area,
But our main share which was divided and we have covered the area, now we want to reconstruct our main area, but our cousin issued a illegal stay from court just wants to teas us, that stay has been dismissal from the court, can i have remedy in civil court that i can file a suit of damages due to illegal stay, and during stay there was rainy season and our property has damaged due to stay, can i file a suit for recover the damages as well as mind injury and defamation in the society. kindly advise me because they have compelled us that i will again issued a stay from any other person and did’t reconstruct you. i’ll be highly thankful to you for you kind response. thanks

Answer:

  1. if suit has been decided finally then you may file a suit for demages now. if only stay has been vacted then you have to wit for its decision or dismissal in default.

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