Encroachment Removal

Querist : Anonymous (Querist) 20 November 2010 This query is : Resolved

Sir,
For removal of encroachment done by the neighbor, when owner of the land was outside, which legal remedy is best?
How much time it will Take? And what will be modus operandi or how will be encroachment get removed if I win the suit?
Plz. Advice.
Thanks and regds,

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adv. rajeev ( rajoo ) (Expert) 21 November 2010
Suit for mandatory injunction against the neighbor is the best option. If you filed the case appointment of court commissioner is must to make the measurement of the land to give the clear picture to the court.
If you win the case you will have to file an execution petition to execute the decree.

Kiran Kumar (Expert) 21 November 2010
certainly you will have to file a civil suit and will have to seek both Permanent and Mandatory Injunction in this regard.

however, it will take some time to settle the issue and to get the encroachment removed.

best of luck.

G. ARAVINTHAN (Expert) 21 November 2010
I agree with Rajeev and Kiran

Kirti Kar Tripathi (Expert) 21 November 2010
i also.

Arun Kumar Bhagat (Expert) 21 November 2010
I too.

Querist : Anonymous (Querist) 21 November 2010
Sir,
Thanks for reply.

"Suit for mandatory injunction against the neighbor is the best option."
Is the above is separate suit or I will have to pray with Title Suit with recovery of possession as being advised by the local lawyer.
Thanks and Regds,

Rajeev kulshreshtha (Expert) 21 November 2010
Please see Section 6 specific relief act. I think it will give you speedy relief.

s.subramanian (Expert) 22 November 2010
Yes. You have to file a suit for declaration of your title for the encroahced portion and for recvoery of poassession and for mandatory injunction.

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