Shahid Ali
Asked June 27, 2016

Land captured by goons threatening me

  • 1 Answer
  • 176 Views

My land has been captured by goons. They are threatening me not to attend court trial.

Answer 1

You can file a report at your nearest police station against the goons and can also demand for police protection. Though you will not be provided 24 hours police protection but you might be provided police protection for the time period of your court trial. Additionally you may seek a perpetual injunction order under S. 37 of the Specific Relief Act, 1963[1]. This order would prevent the goons from threatening you or causing any further damage. Also, as per S. 38(1) of the Specific Relief Act, 1963[2], a perpetual injunction may be granted to prevent the breach of an obligation existing in your favour. Now, the threat of the goons would lead to the breach of your obligation to be present in your court trial. Moreover, under S. 38(3)(d) of the Specific Relief Act, 1963[3], when the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, the court may grant a perpetual injunction where the injunction is necessary to prevent a multiplicity of judicial proceedings. In this case, the goons may prevent you from attending the court trial leading to more hearings and hence, to multiplicity of the proceedings. However, police protection in India is not a strong and efficient procedure in India and you will have to attend the court trial, both to get back your land and to ensure protection from the goons.

 

[1] Available at: https://indiankanoon.org/doc/1314688/.

[2] Available at: https://indiankanoon.org/doc/1474155/.

[3] Ibid.

Agree Comment 1 Agree 12 months ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now