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Peter   25 January 2023

Forceful tresspass

Scenario:

Mr.A and Mr. B have adjoining agricultural properties. Both have separate access to a public small road directly from their properties without having to use the other's property (no issue of Easement rights). This small road leads to a larger road accessible by motor vehicles. Mr. A sold timber in his property to Mr.C under the prior understanding (between them) to construct a road through Mr. B's property without Mr. B's knowledge or consent. This saves Mr.C a large sum of money in labour costs in transporting the timber to a truck. Mr.C always had a choice to use the road adjoining Mr.A's property. Mr.C destroyed several retaining walls, constructed a road through Mr.B's property and left huge tree debris in Mr. B's property making it inaccessible. Both Mr.A or C are refusing to take responsibility for reimbursing Mr.B for any damages.

What legal recourse does Mr.B have in this situation and what specific laws are relevant? Are there any criminal laws applicable here?

Note: the state is Kerala.

Thank you.



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     26 January 2023

Is it real case ?           

1 Like

Peter   26 January 2023

Yes, it is a real case. Any advise will be much appreciated.


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