• How to evict person in illegal possession of my land

I bought a piece of land mearing 1 kanal in the year 2015 on irrevocable power of attorney which was registered in court from a person(X). Registry of land could not be done at that time as the govt had stopped registry in that area. In the year apr/may 2023 govt opened registry of the said area.

I am in the armed forces hence was not able to monitor my land and also did not do the boundary wall.
in august 2023, i found one person(Y) claiming the same piece of land and had fenced it and constructed a small temporary hut. He said that another person (Z) has given him same piece of land by way of agreement to sell on an affidavit in the year 2014 for an amount of 26 lakhs. i immediately informed the police and explained them all the facts asked gave a complaint to file an FIR of trespassing on 19 Aug 2023 against person Y. 
i also approached the tehsildar office and requested them to check the title record of the said piece of land and demarcate the land. it was found that revenue records show that the piece of land belong to person (X) ie which was given to me in writing from whom i got the power of attorney and there are no records which show that the land belong to person Z. In the demarcation report they the tehsildar has mentioned that the said land has been fenced by person Y which belongs to person X.
In the mean time person Y constructed a small room and partially made the boundary. now the person Y is saying that he is in possession of that land and will not move out. 
Thereafter i again approached the police and asked them to stop the illegal construction but they said that it is a civil matter and better to approach the court and get appropriate order. It is pertinent to highlight that no FIR was lodged by police even on my complaint of 19 aug 2023 and no any investigation was done. 
I went to court and got the Restraining order. the restraining order was served to person Y and by court person and local SHO was also given directions by court to implement the order. however still the person Y is not moving out of the piece of land. 
please advice what to do??
Asked 8 months ago in Property Law
Religion: Hindu

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7 Answers

The restraining order is only to restrain him further constructions and not to vacate?

Did the court pass an order to evict him from the property?

If not then you cannot claim it.

First of all the POA deed is not a title document, hence you do not have a proper or valid title to the property if the property was not registered by a sale deed in your favor.

If your principal is alive than you can transfer the property to your wife or any close relative name by a sale deed on the basis of this POA deed after which the buyer can file a suit to eject the illegally occupied person from the property. 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

You have to file declaratory suit that you are absolute owner of land and seek orders to direct Y to vacate land in his possession 

 

2) of police is refusing to lodge FIR file private complaint before magistrate to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

If he is not abiding you can take police assistance by making application in court and remove him and also file contempt proceedings against him

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

- The said restraining order is for stopping the construction work and not to vacate the suit property , and hence the police cannot take any legal action against him 

- Further, since the said still showing in the name of X , hence you can file a complaint against him and Y for the offence of cheating and trespassing & grabbing the property. 

-  If no FIR is lodged , then you can file a complaint before the judicial magistrate for an enquiry in the matter

- Further, you can also file a suit for Declaration , possession & Mandatory Injunction before the court 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear Client,

You could seek relief under Sections 5 and 6 of the Specific Relief Act, under which a person dispossessed of his property may recover his right, by proving previous possession and subsequent illegal dispossession.

You could also file a police complaint about the same. Keep a copy of the FIR safe for future references. The authorities will be obliged to take action under Section 145 of the Code of Criminal Procedure (CRPC).

 

Thank You

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

You have a case of illegal possession of your land by person Y, who claims to have bought it from person Z, who has no legal title to it. You have taken various steps to evict person Y, such as filing a police complaint, requesting a demarcation report, and obtaining a restraining order from the court. However, person Y has not vacated the land and continues to occupy it unlawfully.

Some of the possible actions you can take are:

  • Follow up with the police and the court and ensure that they enforce the restraining order and take action against person Y for trespassing and contempt of court.
  • File a suit for declaration and injunction in the civil court and seek a declaration that you are the rightful owner of the land and an injunction to restrain person Y from interfering with your possession.
  • File a suit for recovery of possession in the civil court and seek an order to restore your possession of the land and compensation for the damages caused by person Y.
  • File a criminal complaint against person Y and person Z for cheating, forgery, criminal breach of trust, and criminal conspiracy under relevant sections of IPC.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

Dear client I am sorry to hear that what is this case you can go ahead and serve them a legal notice for eviction if they does not respond to that you can go and register a case against them to any a bipolar station and file effection suit

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

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