Encroached my land & won, now there relatives file a case

Question

Encroached my land & won, now there relatives file a case

16-Oct-2023 (In Civil Law)

My property was encroached by a lady in the yr 1989 We put a case for title and eviction of the lady in the year 1990. Post that we have own all the cases (Lower court till High court 2nd appeal). During the case in High court the lady got her relatives built additional huts. Post that the District court order for an eviction. Now the other 9 have filed a case stating the land belongs to them too. They have EB bills and other secondary bills. Can the court first list such cases. What are the remedies available before. Is there any Supreme court judgments which I can refer too. Is it possible to dismiss the case.

Answers (1)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Civil lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Mismatch of father name surname in education certificate and adar pe

Child birth certificate name after father's name changed legally.

Child birth certificate name after father's name changed legally.

My neighbor has created cement elevation on road in front of his home

I have applied for name change in central gazette publication

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Advocate Raghuraman Balaji LawRato · Accepted Answer · 2019-10-16T23:17:12+05:30

Answer #1

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.

Helpful?

Adv. Raghuraman Balaji Adv. Raghuraman Balaji

Chennai | 900+ Answers

Chat CONTACT NOW