Possesion of land encroached by neighbour

P.C. Joshi (Querist) 01 November 2013 This query is : Resolved
Dear Friends,
One of my friend purchased a piece of lane in Uttranchal few years back. He visits there once in a year or so. Recently, he came to know that his neighbour has encroached one side of the land measuring about 200 sw. ft.

The neighbour is not willing to leave the possession from the land encroached.

Can my freiend go to court. If yes, what suit will lie so that the court can compell the neighbour to give the possession of the land acquired by encroahment.

Thanks

P.C. Joshi

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ajay sethi (Expert) 01 November 2013
your friend must be having documents of title . registered agreement for purchase of land showing total area of land . let him contact a local lawyer . issue legal notice . then file suit for eviction

P.C. Joshi (Querist) 01 November 2013
Thanks Mr Sethi,

Pls clarify one thing whether suit for eviction and suit for possession are same. i was toldf by him that his lawyer suggested to file a suit for mandatory injunction and suit for possession.

Thanks,

P.c. Joshi

C.V.Kansara (Expert) 01 November 2013
You can file a suit for recovrr of possession of land encroached under srction 6 of specific relief Act. Clause of limitation apploes. Bettrr contact local lawyer.