Which suit is better

Querist : Anonymous (Querist) 29 December 2010 This query is : Resolved
Learned Advocates,

For removal of the encroached portion of the land by the neighbor, when the right, Title and possession of the land has been established by the competent court as back in 1969 in another suit. The owner of the land is true owner has valid registered sale deed.
Which option is better S. 6 of specific relief act or Regular civil/Title suit for recovery of possession?
What about the appeal by plaintiff and defendants, whoever loses the suit?
Is the plaint differs in specific relief act from Regular civil/Title suit for recovery of possession?
What is the course of action of S. 6 of specific relief act?
How the decree will be executed?

Please enlighten.
I have been advised differently by different lawyers, so I am asking. Your effort is highly appreciable.
Thanks and regards.

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adv. rajeev ( rajoo ) (Expert) 30 December 2010
More details are required regarding the sale deed when it is executed and when you came to know that property is encroached. To whom the encroached property is belonging at present etc.,

G. ARAVINTHAN (Expert) 30 December 2010
Whose property is encroached by whom and what is the inconvenience caused ?

Guest (Expert) 30 December 2010
The period of encroachment will decide the type of suit. If the encroachment is within few months you can seek relief under sec. 6 otherwise go for declaration.

Querist : Anonymous (Querist) 30 December 2010
Sir thanks for reply, below are some more information,

Property has been encroached by two person (one has encroached 1yr ago and second one has started encroaching since oct 2010 and still continuing while constructing their house they have entered 10fee in side the land and total area encroached is around 250 sqft)who happens to be neighbor of north portion of the land. Land was purchased in 1966 thru registered sale deed.
With regds

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