Lohith Narayana (Banker) 15 October 2012

Illegal occupancy of our plot

Dear Sirs/Madams,

My mother was alloted a CA site(plot) by the Government of Karnataka. We have the allotment letter, tax paid certificates etc documents. It is yet to be registered. Meanwhile, someone have occupied our site and built a small house in it. Many of the plots in the area are occupied by a section sc/st society. When we approached them, they threatened us with dire consequences of false cases, if we try to claim our land back.

1) If we register the plot, are we supposed to approach a court to get them evacuated?

2) Or is registeration/documents sufficient and can we take police help in this matter?

3) Is it necessary to get anticipatory bail to safe guard ourselves against them in this matter (if they book false cases as threatened?

How do we go about it. Pls help.

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2 Replies

KISHAN PRATAP SINGH DEORA (Specialization- Criminal Matters 138 Negotiable Instruments Act Property Law Matrimonial Disputes Societies Trusts & NGOs Registration etc. ) 15 October 2012

Mr. Lohith ji... I understand your plight... but you need not worry as the doors of legal remedy are not yet closed...

You have many options out of which I would recommend these two...

File a suit under Article 64 Limitation Act or Section 6 Specific Relief Act.

I would prefer... a suit under Article 64 Limitation Act... You file this to get the possession of the land of which you had previous possession and you were dispossessed from it... Limitation period is 12 years counted from the date of dispossession.

Under Section 6 Specific Relief Act... the limitation period is 6 months... which I presume might have lapsed in your case... If YES then drop this option....

Benefit of filing this suit is that it is decided on the basis of previous possession and not on the basis of title...

But if you wish to fight on the basis of your Title than go for Article 65...

therefore depending on the duration for which you have been dispossessed from your Land... choose your remedy.

Best of Luck,

Adv. K. P. Singh Deora

Advocate & Legal Consultant

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S Jadhav 98336 98330 (Jadhav & Associates) 16 October 2012

Dear Mr. Lohith,

YOu have only been allotted the plot and it is not yet transferred in your name. The transfer of th eplot will be done only on the basis of a stamped and registered document. You also have to be given possession of theplot when you pay all the amounts and register the document. This possession should be vacant possession unless it was an as is where is basis allotment.

So please apply to the Government to hand over to you vacant posession of thplot and get the document registered.

It is likely that the Government may persons may not be interested in transferring the land to you as they may find it difficult to get the occupants vacated . But the Government is the most powerful authority to get the encroachers to vacate in a legal manner.

So I advise you to take their help and if they dont help approach the Courts to get the Government to do so by applying for Specific performance as Mr. Deora has suggested.

Remember you may also have to ask for the condonation of the delay but the date of limitation can be started from the registration date or the request for registration of the document.

S Jadhav

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