illegal possesion

Lawyer

illegal possesion of A upon B{farmer)'s land.wt kind of remides will be there ? what should do B ?

this Q have been asked in judicial comp.exam.

i wrote civil suit or FIR can be file against  A.  Is any other remedy ? plz suggest me.

 
Reply   
 
Advocate

File a Declaratory Suit under section 34 of the Specefic relief act of 1963.

 
Reply   
 


Advocate

You can also file an injunction petition praying to the court restraining the opposite party from disposing off the property, till disposal of the Declaratory suit.

 
Reply   
 
lawyer

your answer to file a civil suit is a gud answer.bcoz under specific relief act u can get remedy.

 
Reply   
 
Advocate

 


B can file  suit for declaration and injunction -if he is still in possession  and able to continue his  possession till the dat eof suit  


If the B is not in possession,  in the suit for Declaration also pray for  Recovery of possession of land from A 


Total likes : 1 times

 
Reply   
 
Advocate

Advice of Mr. Rao is appropriate.

 
Reply   
 

since it is former's land, it will be governed by tenancy law of concerned state. therefore,

suit for declaration and ejectment can be filed  before revenue authorities under the provisions of state's local Act.

 
Reply   
 
LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE ILLEGAL POSSESSION OF LAND OF FARMER KINDLY NOTE THAT.

1.ALL LAND DISPUTES ARE REGARDING POSSESSION AND OWNERSHIP OF LAND.

2.THE CONCERNED PERSON SHOULD APPLY FOR 7 / 12 EXTRACT OF LAND RECORDS FROM TALATHI OF SAID AREA WHERE THE LAND IS SITUATED. THE SAID EXTRACT WILL REVEAL THE NAME OF OWNER OF LAND AND GAT.NO. OF SAID LAND.

3.THE OWNER OF SAID LAND MAY APPEAL TO THE SUB DIVISIONAL OFFICER (DY.COLLECTOR OF THE AREA IN CASE THE PERSON WHO IS IN ILLEGAL POSSESSION OF LAND HAD FRAUDULENTLY GOT HIS NAME ENTERED ON SAID LAND OWNERSHIP RECORDS.AND ALSO PRAY FOR POSSESSION OF SAID LAND  WITH THE HELP OF REVENUE AUTHORITIES AND POLICE AS PER THE PROCEDURE PLEASE NOTE.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

4

 
Reply   
 
Nationalist

'A' has forcibly dispossesed 'B' and has started cultivating the occupied land. 'B' has all the documents like sale deed, mutation in revenue dept., revenue reciepts till date. Also 'B' complained with police, but as usual police was bribed by 'A', . Ultimately 'B' files Title suit with recovery of possession in Hon'ble Munsif Court, also prayed for Injunction/ to bar 'A' from cultivating the land. But injunction not granted till hon'ble district court. So, 'B' a poor man didn't go for second revision at Hon'ble High Court. Suit is still undecided. Now can "B" aproach Hon'ble High Court for injunction i.e. to bar 'A' from cultivating the land.

 
Reply   
 

Dear Mr Jaysawal,

The plaintiff should approach the High Court under Art. 227 of the Constitution of India.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu