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Daveli Venkannababu   13 June 2023

Loss of land

sir

 

which section of IPC  deals with loss of  land



Learning

 4 Replies

Niharika Lohan   13 June 2023

Hi Daveli, I’m Adv Niharika.

Firstly, you need to provide a little detailed facts in order for the experts to understand the query and to be able to give you apt remedies.

Following is the advice upon my understanding of your question.

You can bring both civil and criminal law into motion regarding loss of land property.

Under order 39 CPC, you can file for injunction against the person who is disposing you from the land (if you are a legal owner or in legal possession of the same). You must prove three things in order for the court to grant an injunction in your favour.

First, the burden of inconvenience should be in your favour.

Second, you will bear irreparable loss, if such injunction is not granted.

Third, you must appear before the court with clean hands.

 

Another Civil remedy is filing an application for Declaration under sec 34 of Specific Relief Act, 1963. By this way, you will have the court declare your right and title at the said property in dispute.

 

Now for the criminal remedy, you can file an FIR at your nearby police station under section 342 IPC for trespass on the land.

Additionally, you can take the aid of sec 145-146 CrPC wherein upon satisfaction  on the report of the police officer, the Executive magistrates under whose jurisdiction property lies, may direct an order to attend the court.

 

Thus, you have a hand full of remedies available for the above problem.

I hope this information helps you. In case you have further questions, you can contact me via email at Niharikalohan@yahoo.com

Real Soul.... (LEGAL)     14 June 2023

that is civil matter

Daveli Venkannababu   14 June 2023

Hi  Niharika.

 

thanking you Mam for your assistance and Thanks you for your prompt attention to this matter

1 Like

Niharika Lohan   14 June 2023

Thank you for the appreciation sir.


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