encroachment of agricultural land
N Manju Nath
(Querist) 16 December 2010
This query is : Resolved
i have purchased an agricultural land near Gubbi, in Tumkur district,Karnataka in the year 2005 the area is 3 acre and 36 guntas. The title deed and MR , phani is all in my name and is clear.
Neigbourin owner having asurvey no 91 had already constructed a mud house and also in occupancy of 22guntas of land.
The previous owner had tried to vaccate him but of vain ,may since more than 25 to30 years.
I had no sketch till recently .
Ihave got this measured from Tahasildar office with official surveyor and the tahasildar certificate showing the sketch indicates that the survey no 91 owner has encroached 23 guntas ,
I have made request to the owner 0f 91 to giveland for my use.
The 91 owner is refusing vaccation of 23 guntas on the plea that he is in land for more than 30 years and need not vaccate.
Please let me know the procedure that i have to follow
1.for vaccating the subject land
2. Is it owner of 91 has got any legal right to have the land as his own.
if so,
3. under which provision he can enjoy the property.
adv. rajeev ( rajoo )
(Expert) 16 December 2010
File a suit for mandatory injunction against the land owner who has encroached your land. Limitation to file such suit is two years from the date of encrochment. So bring it into the limitation period you have take aver that after the measurement of the Tahasildar i came to know this fact.
It is better to appoint court commissioner to measure the properties.
Pritam Saini, Advocate
(Expert) 16 December 2010
you should file suit for possession and means profits on the basis of tittle and suggestion of Mr. Rajeev is correct on the point of limitation and court commission.
N Manju Nath
(Querist) 17 December 2010
Thanks Mr Rajoo and Mr Pritam.
I did not get the answer for my querry: . 2.Is it owner of 91 has got any legal right to have the land as his own.
if so,
3. under which provision he can enjoy the property.
s.subramanian
(Expert) 18 December 2010
By his long possession over thirty years, which has not been challenged by your vendor,the encroacher has perfected his title by adverse possession under Art.54 of the Limitation Act. You have no case at all and you need not waste your time and money fighting for the same.
