Atso Pucho 11 March 2023

Land forcefully used by third party

I bought a plot of land with house and was enjoying the house rent for 6 months until a third party inferred and claim my land saying that the plot was mortgaged to them by the previous owner on which I bought the land from, I repeated told the previous owner to clear the debt of which he took as loan and mortgaged the plot, but he was lying saying that he had morgaged my plot after I bought of which he had no right,Now the third party claiming my land had forcefully broken open the lock of my house and is giving rent to others. What should I do now. I heard the court hearings takes lenghty processions of 10-20 years which I can't wait, what would be the shortest time that I could get back my property?. Please answer is details.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 11 March 2023

No other go. You have to move to court.

Advocate Bhartesh goyal (advocate) 11 March 2023

You have been dispossessed illegally so you need to file suit for possession u/sec 6 of Specific Relief Act.Court has to decide the case within 6 months and may pass order to restore your possession .

T. Kalaiselvan, Advocate (Advocate) 12 March 2023

You cannot ignore the legal procedures if you want to secure your property.

You have to lodge a criminal complaint against the intruder for the offences of criminal trespass subsequent to which you can file a suit for permanent injunction or bare injunction against him to restrain him from interfering in your possession and enjoyment of the property.

Even though the civil suit takes a little more time, that is the best option before you or you may have to indulge in illegal criminal activities against the intruder, for which you may have to pay heavily, sometimes you may be arrested for such unruly or violent activities.

Dr J C Vashista (Advocate) 12 March 2023

Very well analysed, opined and advised by learned experts, I endorse.

You have no alternative but to seek necessary relief (s) from competent jurisdictional court ONLY.

You will have to take stay against the mortagor as well as repossession immediately and file a police complaint for tresspass and other offence(s)..

It would be appropriate to consult and engage a local prudent lawyer for proper analyses of facts / documents, professional advise and necessary proceeding.