1) you have to file suit for eviction
2) suit may take 10 years to be disposed of
3) defendant can claim defence of adverse possession if they have been in open , hostile , uninterrupted possession for over 12 years
Illegal encroachments
My land about 30 cents has been under illegal encroachments for the past 35 years. I found that plot recently while i was searching the patta number of other cultivable land, this land came to light. that land was in my grand father name and i changed the patta name to my mother and my name recently, as all other expired. after that, i visited that land and found that three family have constructed tiled three houses occupying over five cents and living there for more than 30 years and other place on back side are kept vacant. one house construed before main road occupying 60 feet on my front plot next to main road. The site has 70 feet width and 200 feet length,To get back plot for sale, I discussed and requested before the occupants to give 20 feet rode to go back side plot,but, they are not agree to give even 20 feet road to go back side plot and they are ready to give any money to settle the matter in their favor. in this circumstances, can i go for file a case in civil court? How many years will it take to complete case in civil court? will court give "adverse Possession" in their favor? Please guide me to occupy my plot.
Asked 6 years ago in Property Law
Religion: Hindu
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8 Answers
Who has the title?
Did you cause a notice for them to vacate?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
They have long possession, Civil suit will take time, to make them owner by adverse possession, element of hostility is missing as you were unaware of encroachment. but responsibility of monitoring the movements of another occupant lies on the original owner.
Try out of court settlement.
In order to recover your land after removal of encroachment you will have to file a law suit for possession in the civil court. Your remedy lies only before a court of law. In addition to a case for possession.File a criminal complaint for trespass against them.
Your case is clearly an adverse possession by the occupiers. You have already lost your right to file suit for recovery of possession.
After 12 years of peaceful open and continuous possession it becomes adverse to the person in possession. And after 12 years of that right to institute suit becomes time barred and right to such property is extinguished.
So as of now you does not have any right to the property.
Civil court takes some time but you don't have option. As per SC judgement adverse possession is not received on the possession of the said plot on the basis of number if years it was with them but it depends on whether that possession was hostile from your side
- As per the information mentioned in the present query, makes it clear that they have got a strong case of adverse possession and that is for a reason that they have been living more than three decades and court of law can’t put the same in your favour for a reason that you got to know now.
- There has been a period of 20 years for showing the adverse possession in someone else’s favour in private land like yours and in your case it is far more than that also.
- But, the act of their to get it settled shows that they have illegally occupied the land. This you can use against them and then your case might get admitted in court of law.
- And this will take few years for sure as the case is to civil nature and may require number hearings to put your part as well as their part also before the court of law.
You should not hesitate anymore to file a suit for ejecting them from your property and for possession.
Dont worry about the time taken for disposal, the more you delay the more there is a danger for them to claim the property by adverse possession.
