Illegal Possession of Land

Our client was a co-owner of a piece of agricultural land situated in India. The client along with her husband went to England about 40 years back and had been residing there since then.  During this period the client visited India only 6 or 7 times and in her absence, her brothers (who were also the co-owners in the said property) were in possession of the clients share. After the death of her husband, the client came to India and asked her brothers to hand over the possession of her share of the land and the agricultural produce thereof but the defendants refused to do so. Having failed to get help and apt legal advice from any source, the client contacted us from England. On behalf of her we sought the following legal remedies from the Court:

1. Recovery of the amount due from the defendants qua the plaintiffs share in the produce of the said agricultural land by way of a Suit for Recovery.
2. Partition of the property in issue between the co-owners through a Suit for Possession by way of partition.

The said suits were decreed in favour of our client and the defendants were ordered to pay the amount found due towards the plaintiff along with costs of litigation

Eviction of property

Our client was a 56 year old qualified doctor, practicing in the United States. She was the owner and landlord of a shop-cum-flat in Chandigarh which was in possession of the tenants on rent. Being an Indian citizen our client desired to come back to India and intended to run her own clinic in the non-residential portion of the premises in question. She required the possession of her property for bonafide needs of occupation and residence but the tenants refused to vacate it. To help her out of this we filed an Ejectment petition under section 13 of the East Punjab Urban Rent Restriction Act for ejectment of the tenants from the said property on the following grounds:

1. Non payment of rent by the tenants.
2. Tenants being guilty of change of user of the premises in violation of the local bye-laws.
3. Tenants being guilty of committing a number of acts impairing the value and utility of the premises in question.
4. Bonafide requirement of the premises for own use of the petitioner.

The Ejectment Petition was accepted by the Courts and through an Ejectment Order the tenants were directed to put the petitioner in possession of the property in issue