A is owner of a land (agricultural) in a village.
B is a trespasser currently in possession of A's land.
C is caretaker of A's farming lands. And also brother of 'A'.
'A' visited the village where the land is situated in the year 2023, after a span of 14 years. 'A' found out that 'B' is in possession of his land. 'A' sought clarification from 'B' in this regard, to which 'B' contends that he purchased the land from 'C' who claimed to be caretaker of A's lands. C took some money from 'B' towards the sale of A's land. It is worthwhile to state that C she was not authorised either by any Mukhtarnama or by any power of attorney to sell any land belonging to A. There is no agreement to sell this land by A to B. C used to send money to A into his bank account towards agriculture proceeds from A's lands. Since A was living far away in another state he asked C to look after the agriculture proceeds from A's lands.
C now contends that he has given money to A towards sale of land 2018 however there is only a bank transaction to that effect. Whereas A contends that those sums were towards proceeds from farming activities from A's land.
Registry land records along with documentation affirming A's title is available.
Since 'A' was never interested in selling the land, hence no authorisation was given to 'C' with regards to sale of any property. C was asked by A verbally without any agreement or instrument having legal force to to collect land rents and proceeds of agriculture sale from trees and crops.
In fact, 'A' had given Power of attorney for his lands to his brother-in-law who resides in a different city. Hence, it can be averred that 'C' had no authority to enter into any Sale transaction on behalf of 'A'. When 'A' confronted 'B' about the possession, 'B' said 'A' should talk to 'C' as 'B' claims that he gave money to 'C' for A's land. There is no direct transaction done by B into A's bank account.
'B' has constructed a temporary structure made of asbestos and bamboo. This fact came to the knowledge of 'A' in July 2023(i.e.) when A visited his village after a gap of 14 years? Furthermore, A recently observed that a heap of bricks are lying on A's disputed land and it seems that B may initiate additional construction work using those bricks.
What are the possible legal remedies available to 'A' in order to evict 'B' from his land?
a. Can 'B' claim adverse possession upon A's land? Or any title upon the land belonging to 'A'?
b. Possible legal remedies which may be adopted by 'A' to obtain vacant possession of his land and eviction of 'A'? Which kind of case shall 'A' file against 'B' in the given facts and circumstances?
c. Can 'A' approach civil court for temporary injunction to restraint 'B' from starting any construction activities?
Regards,
VISHAL SAHA.
