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Subhash   19 December 2017

Land encroachment

Hello Sir/Madam,

A person who stay with his family beside our land trying to encroach towards our site as the land is not segregated, also he constructed 216 Square Feet before a year when we are not monitoring.

Please help us with the act applicable so that we can file a police case against him in order to segregate our land as he is not allowing us to segregate the land and keep saying the rest of the site belongs to him though he not having any valid documents.



 8 Replies

Kumar Doab (FIN)     19 December 2017

You may start with demarcation;Nishaandehi by concerned revenue official e.g; Patwaari.

 

Subhash   19 December 2017

Thank you for your prompt reply Sir,

The person is so problematic and not allowing us to have a Government Suvey, is there any possibility of taking police protection and have the demarcation.

If so how can we proceed.

Can we get injuction from court and proceed further with the help of police.

Please help us with the additional option to enter into our land and seggregate ours

Kumar Doab (FIN)     19 December 2017

Preferably ; take help of a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters having successful track record.

 

Subhash   19 December 2017

Sir, also we are afraid may I know what is the time of adverse posession?

 

Kumar Doab (FIN)     19 December 2017

Bad faith adverse possesion is lso considered by courts.

You may pick up relevant points e.g; 

https://www.lawyersclubindia.com/experts/Property-law-601596.asp

 

Take help of LOCAL counsel and avoid delay.

Subhash   19 December 2017

Subhash   19 December 2017

* “A” having land of 8640 Square Feet which consists of  Godown around 2000 Square Feet.

* Land of Area 3672 Square feet has been sale to X (Husband) and Y (Wife) from "A" in year 1999 which consists of Godown –But the Godown there is no registration been happened – only agreement been done for Gowdown.

* In that Godown 504 Square Feet Belongs to “A” and no partition is been done by “A” as X,Y requested that they would buy that as well in future.

To the fact 3672 Square Feet is in 2 survey numbers – But "X" at the time of registration deleted one survey number to avoid registration charges, however the boundaries were marked correctly.

Note: In Godown agreement both Survey Numbers been mentioned.

* X, Y filed permanent injunction upon A in year 2002 stating land is in only in one survey number and showed incorrect boundaries to court.

* Considering the facts the court dismissed the case in year 2007 upon X, Y as they couldn’t show any evidence that the land is in one survey number only – As the sale deed shows the accurate and correct boundaries where the exact sale been happened, also the Godown agreement shows 2 survey numbers

* X,Y were not satisfied with the court judgement and repealed to  district court on 2007. Further again with all the arguments with the evidence of junior civil judge court district court dismissed the case again on 2010 against X, Y

Now “A” filed a eviction on X,Y stating to separate the 504 square feet of Gowdown which is been used by X,Y on 2011

However the case is been prolonging in the District court since then – In the meanwhile X, Y trying to encroach in rest of the vacant 4968 Square Feet land which is beside and trying to publish to all the persons surrounding that it belongs to his land.

Could you advise us how to take a quick action and separate rest of the 4968 square feet excluding  504 square feet which consists of  Godown - Eeviction on 504 has already been placed, we would like to separate rest of the land 4968 Square feet

X, Y already occupied by constructing RCC roof in 150 Square Feet.

Can I segregate rest of the land by taking police protection?

Please help me with your suggestions. Thanks in advance.

The main thing X, Y staying beside our land in house.

“A” staying away from land.

Subhash   20 December 2017

Any assistance regarding this Sir?


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