Disturbance in adverse possession
DAYASAGAR MEHER
(Querist) 03 October 2018
This query is : Resolved
That I am in adverse possession for about 1 decimal for more than 50 years with distinct boundary to support for my possession.
but my neighbor who holds the title of that 1 decimal land is creating repeated disturbance for that land.
When I am tried to construct a small house within that boundary he filed a criminal case against me in 2012, which was dismissed in the court in 2014. He is obstructing to do anything on that land.
My neighbor also filed a 145 crpc case against me in 2013 before sub-divisional magistrate. During the hearing of 145 crpc, the sub-collector asked a report regarding possession over that land from Revenue Inspector.
The revenue inspector submitted the report stating that I am in possession for over 30 years, and on that basis of that report the sub-collector ordered that status quo of our possession over the said land is to be maintained i.e. sub-collector ordered in our favor.
But even after the order by the sub-collector, our neighbor is still creating obstructing whenever I am trying to do anything in that land.
I have filed many complaints before the Inspector-In-Charge (IIC) of our locality, but to no result because police always support my neighbor.
In 2013 our neighbor tried to break the boundary and tried to forcibly take possession over the said land. I filed a complaint before the IIC but he took no action. So I filed a case before the judicial magistrate. But the magistrate also acquitted him saying that the opposite parties are having record in their name and hence breaking the boundary is not a crime in that case.
Because the opposite party is a powerful person in the said locality that's why no action being taken either by police or by the magistrate, which encouraged him to repeatedly create disturbance.
My doubts are :
1. Because I am in adverse possession over the said land (I have RI report with me to proove that), so shall filing a criminal case (when I try to construct on that land) against me ......... be considered a false case against me, which is punishable.
2. Shall the obstruction in the possession and disturbance when I try to construct anything on that land........ be considered as a crime.
3. Was 145 crpc which was imposed against me be considered a false case (because I am in possession of the land for more than 50 years).
4. Even after the order of sub-divisional magistrate (145 crpc) that "status quo of our possession over the said land is to be maintained", our neighbor still created disturbance. Shall it be considered as violation of court order.
5. Where to file complaint regarding the whole matter. I already filed a case before the judicial magistrate which was dismissed. Now I have all the evidance that I am in adverse possession, our neighbor had broken the boundary, also have order of 145 crpc. Judicial magistrate and police both have disappointed me.
6. Shall I file or write a complaint to the Chief Justice of High court or Supreme court, shall it be a right step.
7. I want some previous judgements on the similar case where person may have been punished for obstructing and creating disturbance in adverse possession
Dr J C Vashista
(Expert) 04 October 2018
Too long a story, no time.
Consult a local prudent lawyer.
R.K Nanda
(Expert) 04 October 2018
Query too long to reply.
Isaac Gabriel
(Expert) 05 October 2018
Adverse possession cannot have right over the property, unless supported by documents. You have also not stated as to how you got possession.
rajeev sharma
(Expert) 05 October 2018
Contact your local lawyer with the evidence to prove that you were in uninterrupted peaceful possession of the property for last 30 years and the owner never objected to your possession and you were not in possession of the property with the consent of owner .
Guest
(Expert) 05 October 2018
Adverse possession can't be considered as a legal act. It is illegal possession, when you admit that you have already confessed that are in illegal possession of your neighbor's property.
By the way, why do you believe that the title holder of the property does not enjoy any right to create any hindrance in your illegal act to usurp his property?
