you have stated encroachment happened in 2007 . . when did you file case ?

what was the reason for dismissal of case by lower court in 2013 ? what were the reliefs claimed by you in trial court ? please clarify .

Article 65,

Schedule I of The Limitation Act prescribes a limitation of 12 years for a suit for possession of

immovable property or any interest therein based on title. It is important to note that the starting

point of limitation of 12 years is counted from the point of time “when the possession of the

defendants becomes adverse to the plaintiff”he Supreme Court of India, has in two recent decisions, namely, Hemaji Waghaji vs.

Bhikhabhai Khengarbhai 15 and State of Haryana Vs. Mukesh Kumar16, has pointed out the need

to have a fresh look at the law of adverse possession. Borrowing the language from the

judgment of the High Court (Chancery Division) of England in J.A. Pye (Oxford) Ltd. vs.

Graham17, the Supreme Court in the former case, described the law of adverse possession as

irrational, illogical and wholly disproportionate and extremely harsh for the true owner “and a

windfall for dishonest person who had illegally taken possession of the property

.

since you did not take any legal proceedings for 12 years claim would be barred by limitation

ur chances of bit tough and needs detail study to suggest u the solution documents needs to be verified

with the facts you have presented, there is certainly no limitation that hits your case. however, after looking into the suit filed before the Trail court, the evidence lead and the appeal preferred, we can suggest the best possible way to succeed.

If both the properties are overlapping each other you need to seek declaration of your rights on the property. Approach a competent lawyer and fight out the case by providing proper details.