Dear Client,

Injunction suit will bear litigation cost better file FIR for trespass.

And if your title is clear and adverse possession, balance of convenience, Injunction will grant.

1) If you have all papers documents from last 32 years and you are cultivating same and paying fees to revenue department

2) If the mutation records are on your name than don't worry. No court can't give you notice of encroachment or Injunction of trespass. As you have so many records of permission for cultivation.

Dear Sir, if you have TT fine receipts and etc., you have to file civil suit for declaration of title of property by way of adverse possession before jurisdictional civil court. Limitation is against government 30 years. If you want more advice in this regard, I will advise you, all the best.

First of all since you have revenue receipts and clear possession the balance of convenience is in your favour further the court may grant you interim injunction as you may suffer loss if there is no stay on property pending litigation.

Further a case of trespass can be filed and a complaint can be given before the SDO.

If Court does not grant you relief you may appeal order of the court further since there is clear adverse possession and ownership the court will grant you relief.

Since your in possession for last 32 years and prima facie case is in your favour you can get ad interim ex parte injunction from court. Secondly court will look into the irreparable loss that may be caused to you if you are in possession court will grant you injunction.

Dear Sir, this is not a court injunction. The court will give you, you are absolute owner against the government in respect of schedule property. No other way or option without declaration of adverse possession from the civil court.

1. You shall have to first lodge a police complaint against the said adversary for illegally trespassing in to your said land.

2. Then file a suit praying for s declaration that the said property is owned by you wherein the adversary has no claim.

3. Thereafter also file an application under Order 39 Rule 1 & 2 praying for an injunction restraining the adversary in entering in to your said area.

4. Send copy of the said Court order to the local police station reminding them about your policfe complaint you have already lodged.

1. There is no reason for not granting the said injunction.

2. However, if the prayer for the injunction order is rejected, collect certified copy of the said order and file an appeal before the appellate court challenging the said order rejecting your injunction prayer.

3. If you still get an adverse order from the Appellate Court, approach the High Court and then the Supreme Court with the same prayer for setting aside the order of the lower court in refusing the injunction order.

Court would grant injunction restraining neighbourfrom trespassing on your self acquired land

2) no injunction would be granted on govt land encroached upon by you

Seek injunction only on your self acquired property

Yes a civil suit to injunct the person from entering into your land and adjacent property and also not to disturb your possession can be filed in court

An independent criminal complaint with police can also be preferred

Dear Sir,

You can file a suit for Permanent Injunction indirectly putting a claim adversely over the land. The law is as follows.

ADVERSE POSSESSION

There are many judgments and the recent one is as follows:

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Protest within 12 years or lose property to squatter

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ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

Firslty, though you have an adverse possession law in your favour, but I advice you as per my personal experience as to not to go before the lower court for injunction against government activity as it requires 30 days notice first to the government, and also not so advisable.

Secondly, I advice you to go before the High Court under the Writ of Mandamus to not take possession from you as you are having adverse possession plus all other revenue receipts also.

Thirdly, only High Court can grant injunction to you, not otherwise.

Rest you can have a detail talk with me through Kanoon for further clarification if any needed...!

Ohh thanks for the clarification.

Now, if there has been a law which is also very strict for government bodies then think about an individual who is trespassing your land.

Here you can file a suit for permanent injunction from trespassing in the lower court itself along with the application of temporary injunction against your neighbour.

You would get the relief just in a week time.

Rest, you can have a detail phone conversation with me through Kanoon for further procedure involve in it.

Good Luck

First step would be file a police complaint against the said person for illegal tresspassing as you are in possession in the said land for last 32 years and also have TT receipts with you, you can pray for ad-interim injunction from court.

If you do not succeed in getting injunction order from lower court, you'll have to file an appeal praying the same relief i.e. injunction.

In my opinion, you'll get injunction order from lower court itself.

Regards.

1) Don't give land possession to any one, sticky to it if any one claims ask him prove it.

First you obtain patta for the encroached land which is in your possession for over32 years.

After that you can file a declaratory suit to declare your title to that encroached patta land and for permanent or mandatory injunction against the defendants.

You cannot approach court for injunction against the land which legally belong to you .

You first obtain Patta for that property and then think about other things after that.

You need to file the suit and present the case. It depends on the discretion of court and case to case basis.Rather difficult in your case but can be tried.