Jimmy (Madikeri) 15 July 2010

Trespass of my property

Dear Sir

I own few acres of coffee plantation in madikeri in karnataka. My opponent has partly trespassed ( 1 acre ) into the land belonging to me by fencing & also cutting the barb wire on the other side. I am the registered owner & have been paying taxes for last 10yrs. This incident occured after expiry of my father. My repeated complaint to police havent yielded any results. I met few lawyers who gave me different opinions. My queries are -
The various steps to be undertaken to possess back my land.
Under what section of IPC should we initiate action against him??
Briefly explain me the civil procedure & the best & simple method used in court of law to dislodge him from my land.
Since he has dispossessed me from my area, how fast can i take possession of my land by legal course?? I need to do this on priority since coffee harvesting happens during November. Also i want the police to issue a stern warning to him against any future venture.

Kindly provide me a legal solution at the earliest.

Regards
Jimmy

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2 Replies

Srinivas (Director) 16 July 2010

Few pointers:

1. Take photos. Find photos of the land before the fencing.

2. HIRE A VERY GOOD LAWYER

3. File a suit for recovery of possession. File I.A for injunction. If adviced by lawyer file for an alternate prayer for declaration of title

4. Expect the opp party to claim adverse possession.

5. Expect these litigations to take a long time. I dont know of a way to get hold of the land by Nov unless you hire some gondas (this is not permitted by law even if you were forcefully dispossessed).

Good luck,

Srinivas

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Jimmy (Madikeri) 28 March 2011

Sir

The least i can say is iam traumatised.

I have 2 plots of land one beside each other in possession cultivated with coffee. With regard to plot 1, I have a permanent injunction against my opponent abstaining him from interfering with the peaceful enjoyment of my property. W.R.T plot 2, there is a interim stay order from High Court against my opponent trespassing into my peacefull possession.

Inspite of both these orders, the opponent constantly tresspasses into both these properties, threatens my labourers & has also committed theft of coffee during my absence as if he is the lawfull owner.. I have lodged 2 FIR regarding theft, pointing his gun towards me & trespassing. Even though cops have siezed his gun, they are least bothered about finding my coffee inspite of knowing the culprits, arn't willing to give me protection & inturn hell at me. The opponent is politically well off & has local goonda support. Inspite of court order, iam unable to protect myself & my property. These instances have occured after expiry of my father. My queries are

1. What are the various steps to be taken to protect myself, my property & carryon with my peacefull work.

2. How to make him & his associates liable for the theft of coffee & constant tresspassing?? Can i claim damages for the losses i incurred?

3. Is it right on my part to file a private complaint under CrPC against my opponent? or do i need to file a contempt of court order? Under what sections do we need to take directions.

Please let me know the most successfull path to make the opponents & also the Cops liable & accountable for their misdeeds.