Eviction of trespassers
Ravi Bagewadi
(Querist) 01 September 2011
This query is : Resolved
Dear Sir,
I bought a land in May 2011 for Rs.10lacs , present market value is 40 lakhs,from 'X'owner from whom a sale deed is made in my name. X is the rightful owner of land, since he had his name in record of rights, diary utara,and had a registered sale deed from previous landlord from whom X had purchased.
Now the problem is that there are 4 trespassers in that property of 6 .3 guntas,who claim to have bought the property from X for Rs,32000/- in 1984 by payment of cash and from that time they are enjoying ownership.they show a sale agreement made on Rs. 5/- ( five only)bond paper, with no notory seal nor it is registered sale deed.
The single Rs 5/- bond states that X has sold to all four owners the area being 69.3 guntas to first trespasser, 70.3 guntas to 2nd trespasser, etc,.... without exactly specifying their boundaries individually.i shown this paper to lawyers , they say it has no value,but by law of adverse possesion they can become the owner of land,the trespassers have paid the corporation tax,light bill and water bill from almost 1984/ 1988.
Pl. advice that although i have a valid document of purchase, why cant these trespassers be evicted? Can somebody guide me?Mr.X has not objected to their stay for 27 yrs,since the property papers were locked in his younger brothers custody from whom he had taken a hand loan of rs.3 lacs and who wasent willing to give the papers until loan was paid, hence X couldnt take legal action, upon death of his brother 3 years back, he got the papers and instead of fighting the case, he just sold it for 25% value,
Will i get possesion ? I am ready to spend necessary money for litigation.
Raj Kumar Makkad
(Expert) 01 September 2011
You have purchased the land understanding each and every consequence related to the matter in dispute so it is good for you to engage a local lawyer and show him documents since 1984 of the demised property including your sale-deed, mutation etc. and follow his guidelines instead of asking in this open site. You have to start litigation, thts all.
Devajyoti Barman
(Expert) 01 September 2011
Yes
If they are indeed trespassers then you have no option but to file a suit for eviction of trespassers and for recovery of possession.
Advocate. Arunagiri
(Expert) 01 September 2011
You should seek declaration and possession of the property in your favour, through a civil court.
prabhakar singh
(Expert) 01 September 2011
right advises have been advanced,i concur.
