• Permanent or temporary injunction

1. I purchased a land in 2002 through a registered sale deed and the same also got mutated in 2003.

2. Two people's purchased major portion of the same land and sold it by carving plots, ingress and egress passages etc. 

3. Due to paucity of money etc I did not carry construction work on the land and only constructed boundary wall etc .

4. The adjacent landlord are trying to encroach my land and also filed a civil suite against me in 2016 for cancellation of my sale deed where REVENUE AUTHORITIES IN THEIR DETAILED REPORT CLEARLY STATED THAT THE ADJACENT LANDLORD HAVE SOLD MORE LAND THAN THEY PURCHASE AND TRYING TO ENCROACH MY LAND AFTER A DETAILED ENQUIRY IN 2015 AND 2019 also.

5. Local police is not lodging any FIR against the land grabbers and being a serving soldier I am not able to cope up with these problem due t constraints and exigencies of my services. 

6. I request learned ADVOCATE on the portal to advise me regarding the following-
(a). Can I file any civil/criminal suite against the land grabbers on the basis of reports of REVENUE AUTHORITIES ( THAT THAY HAD SOLD MORE LAND THAN THEY PURCHASE and ARE TRYING TO ENCROACH MY LANDED PROPERTY)

(b). Procedure to defend Civil suite filed against me by the land grabbers for cancellation of my sale deed after 14 years of execution of sale deed and irony is that they had made the actual owner also as DEFENDANT in the same along with me.

(c). How could I can legally restrain and refrain the land grabbers by means of any suite.

(d). do advise me any learned advocate in KANPUR plz.
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

 

You would need to prove two things:

1) that you actually own the property; and

 

2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action." 


This is often called the ‘quiet title’ action. If you do not want to sell the property, an ‘ejectment action’ can be taken which means you want the encroacher out of your property. The matter often reaches the court and either your neighbour would be tried for adverse possession or the court may grant him limited use of the property, often called prescriptive easement.

How law treats encroachment?

 

  • The same law applies upon encroachment as that of trespassing on private land. Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts.
  • Trespass is of three kinds – of person (when the rightful owner is restricted from doing what he could previously do) , of chattel (when a person disturbs the rightful owner by using the movable property of the owner) and of property or land.
  • The judiciary may decide to pass an order of injunction to either stop or restrain the encroacher. This could be temporary or permanent.
  • The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.
  • If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can file a suit for permanent injunction against those people. The suit is pending in the civil court and therefore a reply must be filed describing your side of the story.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the neighbor is trying to encroach your property you may file a suit for mandatory injunction against him restraining him from interfering in your possession and enjoyment and an application for adinterim injunction on the same lines till the disposal of the main suit. 

b) You may challenge the same based on the documentary evidences in your support and merits in your side. 

c) By filing an injunction suit against the encroacher.

d) For an advocate in Kanpur, you can find one from this forum too. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

You can file suit against land encroachers. Rely upon report of revenue authorities 

 

2) in your defence rely upon registered sale deed executed in your favour 

 

3) seek injunction restraining land grabbers from disturbing your possession of land 

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

1. Yes you can file both civil and criminal proceedings in the same. 

2. By civil suit in form of injunction and through criminal trespass FIR or complaint to magistrate seeking order under 156(3) of crpc

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

You should file a suit for permanent injunction against land grabber to restrain him from encroaching your land.. 

You should engage an advocate and ask him present your case in court. 

Suit for permanent injunction is only option to stop them from enchroaching your land. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. If police is not.taking action you can file a criminal.complaint before the magistrate directly also a suit for permanent injunction can be filed against them.

2. See you have valid sale deed and mutation firstly the suit is barred by limitation secondly you have your property demarcated and revenue record is in your favor.

3. File permanent injunction against them.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sale deed can be challenged on the ground that same has been done illegally and to declare the same as null void. 

you can file a civil suit to injunction and declaration and obtain stay from court. 

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

File FIR through court. Report will use as evidence. Cancellation suit barred by limitation. File FIR through court and injunction order from civil court.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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