Encroachment

Saravanan (Querist) 30 August 2014 This query is : Resolved
Hello,

Three months back I bought 3.6 acres of agricultural land in Tamilnadu. Subsequently, I measured the land with the help of an authorized surveyor to apply for Patta and noticed that around 0.1 acres being encroached by the adjacent land owner. The encroachment means he moved the land boarder (Varappu) on two sides. In one of the sides he planted coconut trees and the other side its barren land.

I had taken several steps to take back my land with mutual agreement. He is not cooperative.

One additional information regarding the land purchase is, he also, bought the land from the same land owner couple of years back. As per the root document, the owner split the land in to 2 parcels and sold at different times.

Now, I am intending to move the land border on both sides as per the record. Also, cut the trees, as its being planted in my land.

What legal action would this lead to? Or do you suggest any alternate action. Your advise is much appreciated. Thank you!

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Devajyoti Barman (Expert) 30 August 2014
File a suit for permanent injunction and recovery of possession against your neighbour.

malipeddi jaggarao (Expert) 31 August 2014
He has committed breach of law. You too want to commit the same? Follow the advice of expert Shri Barman.

ajay sethi (Expert) 31 August 2014
agree with experts

Saravanan (Querist) 31 August 2014
Thank you for your advise.
I agree with you and don't want to breach the law.
I have few other questions related to this.
a) How long would it take to get permanent injunction.
b) Upon taking permanent injunction, can I take possession and fence my land.
c) What possible legal action my neighbour may take against this.
d) I live in Chennai and the land situated in south Tamilnadu. Can I take permanent injunction in the high court directly or should it be in the respective district court.
Thank you once again for your valuable advise.

M.Sheik Mohammed Ali (Expert) 31 August 2014
if you are in chennai call me. i am in chennai 9092776586,

a, you filling IA for Interim injunction after that you get P.I
b. no once ge IA it will confirmed after that you can put fence
c. he will file evict injunction and conduct the case,
d. you should mentioned exact location, because, now two highcourt in TN.