Evicting illegal occupiers

kulwinder singh (Querist) 15 October 2012 This query is : Resolved
My cousins are in illegal possession of my property. My cousins went to jail and FIR was registered under sections 404, 447, 448, 120B IPC. While in jail my cousins got other people to enter my property. Now a new FIR has been registered under sections 447, 448, 506, 120B. My cousins have also have case under sections 107/150 crpc. How do I get these people evicted? Do I go to District Magistrate or Civil Court? What case should I do for eviction? Thank you for your time.

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Devajyoti Barman (Expert) 15 October 2012
Those are criminal case for criminal trespasser.
For getting back the possession of the property you have to file a suit for eviction of trespasser.

adv. rajeev ( rajoo ) (Expert) 15 October 2012
File a suit for possession.

kulwinder singh (Querist) 15 October 2012
Property is co-owned. If I file suit for possession I will have to do partition case. Demarcation of said property has also been completed.

ajay sethi (Expert) 15 October 2012
are your cousins co ownner of the property .

kulwinder singh (Querist) 15 October 2012
Yes cousins are co-owners. But demarcation has been done, 2 FIRs have been registered and their is no injunctions or status quos on said property. Sarpanch and Panchayat have given official statement and notary attested affidavit in my favor. Police have chargesheeted cousins in first FIR and will chargesheet again for second FIR next week.

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