Neighbour occupied land
sk..........
(Querist) 07 February 2014
This query is : Resolved
my neighbour occupied my land 15 yrs back
now i want to file suit.
should i file suit for mandatory injunction
what is the limitation period,
b what way can i recover my land.
M.Sheik Mohammed Ali
(Expert) 07 February 2014
IF YOU HAVE ALL ORIGINAL DOCUMENTS, THEN FILE INTERLOCUTORY APPLICATION THEN MAIL SUIT PERMANENT INJUNCTION. BEFORE THE COURT.
prabhakar singh
(Expert) 07 February 2014
YOU NEED TO FILE SUIT OF POSSESSION FOR WHICH LIMITATION IS 12 YEARS ONLY.ON THE FACE OF YOUR PLAIN STATEMENT YOUR SUIT IS TIME BARRED.
Prithvi Raj Sikka
(Expert) 08 February 2014
you must first file lodge FIR thereby stating the names of persons as encroacher and bring within 12 years thereby stating recently came to know and thereafter file the suit for possession.
Prithvi Raj Sikka Advocate
lawjuris09@gmail.com
Dr J C Vashista
(Expert) 08 February 2014
a) When did you come to know about encroachment? In other words (legally) when did the cause of action arose? This is just to bring the suit within its limitation.
b) You are eligible/required to file a suit for possession (where you are to pay ad-valorum court fees) and not for a mandatory injunction as planning.
c) Engage a local lawyer to take on the brief with the facts suiting to your case with respect to legal requirements.
Rajendra K Goyal
(Expert) 08 February 2014
Agree with the advise of expert prabhakar singh ji in the given facts.
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
The author has not come out with substantial details pertaining to his case, with the little provided by hm, the replies given by experts are enough. In my view he should narrate the circumstance so that a proper opinion/advise can be rendered.
Biswanath Roy
(Expert) 09 February 2014
How you came to know that 15 years back your neighbour occupied your land ? Secondly when such incident came to your knowledge why you sat upon the matter idly? Thirdly when you sat tight upon the matter for long 15 years why don't you sleep over the matter for another 15 years?
prabhakar singh
(Expert) 09 February 2014
His very thinking of filing suit of mandatory injunction suggests that encroachment is by 15 years old construction
and he can not save limitation unless he can prove to have been out of the country for these years and have come to know now on his return to India.Any other story about knowledge would look weaker in the estimate of the courts.
Biswanath Roy
(Expert) 09 February 2014
This a very weak case and not maintainable. Even if the querist says that he was out of the country for a long time and the construction was made about 15 years back is it will be believable that it was not within the knowledge of the querist? I DOUBT ABOUT THE BONAFIDE OF THE QUERIST.
Guest
(Expert) 09 February 2014
Other Evidences like Electricity Bill.Water Tax and other Taxes would be in favor of the Occupant and the author if he cooks stories it would be proved easily.Better sort it out amicably.
Biswanath Roy
(Expert) 09 February 2014
I advise better you send a demand notice to the occupier of your land for payment of valuable consideration as on date for the occupied/encroached portion and mesne profit for 15 years for enjoying the said occupied area.
Guest
(Expert) 09 February 2014
Well suggested by Mr.Biswanath Roy Ji
prabhakar singh
(Expert) 09 February 2014
Shall occupier comply with such a notice?
Biswanath Roy
(Expert) 09 February 2014
If the occupier does not comply with the lawyers notice then the Author will get a chance for adjudication of the dispute under a new cover avoiding the question of limitation . Besides this, it will come to the light the question of illegal encroachment of the land belonging to the querist.
prabhakar singh
(Expert) 09 February 2014
Can you explain it a little more!?
prabhakar singh
(Expert) 09 February 2014
Perhaps you can't because while limitation for possession is 12 years ,for claiming compensation it would be only 03 years.
There can not be suit where plaintiff may enjoy liberty to escape from prescribed limitation.Defendant would not be out of mind and shall speak through order 7 rule 11 of CPC for rejection of plaint all of first.
Biswanath Roy
(Expert) 09 February 2014
My opinion is conclusive and reiterate my advice will be fruitful for desired relief.
prabhakar singh
(Expert) 09 February 2014
Your greatness was not challenged only reasoning was sought.
prabhakar singh
(Expert) 09 February 2014
Why to opine here in veil as querist may not practically be in position to engage any of us.
prabhakar singh
(Expert) 09 February 2014
If you have some conception then deliver the same for my enlightenment.Understanding the same i shall concede.
prabhakar singh
(Expert) 09 February 2014
Law on adverse possession is still the same in India although a debate behind it's rationale is going on world over among the jurists.Allowing compensation to true owner is one of the points in debates.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 February 2014
Well Learned Mr Roy has claimed direct links with LORD VISHNU for extra ordinary knowledge in forum section.
When he knows so much than the respected senior advocate should also please reply the possibility mentioned by Shri Prabhakar Singh.
Guest
(Expert) 09 February 2014
I would humbly request the learned experts to post their replies directly to the authors instead of making comments about other experts that too about a person who had trained few Chief Justices
Guest
(Expert) 09 February 2014
@Advocate Defense Sir,Any practicing lawyer could understand the real meaning of WELL LEARNED or HIGHLY LEARNED.This is a site various experts give their opinion or suggestions from their point of view.If your self have a better solution to the author your self could directly post it and do not comment Well Learned or Highly Learned which is definitely Defamatory.
Biswanath Roy
(Expert) 09 February 2014
@ Learned Mr. Prabhakar Singh ji,
I know you since 2011. You are sufficiently seasoned. Why you are poking my belly to ascertain and to know the inner significance of my advise and to disclose it in the public platform? Every Counsel has something of his own which he does not disclose to others. Although you could guessed my strategy. I am giving you a short example if you give a sword to somebody but he does not know how to play it properly he while moving his sword may cut of his own head. Then the person who supplied the sword shall be liable for the criminal liability.
Guest
(Expert) 09 February 2014
@Advocate Defense As a lay man I would prefer to know how to have direct links to get Extra Ordinary Knowledge.You are also Defaming Our Hindu Gods.May I know which Religion you belong.
prabhakar singh
(Expert) 09 February 2014
Yes Sir!
I guessed your advise but wanted to confirm if i am correct in my guess.
Guest
(Expert) 09 February 2014
@Advocate Defense after making the comments no response from you and there are no details about you including even name in your profile or you Anonymous
Biswanath Roy
(Expert) 09 February 2014
@ Mr, Defense,
Will you kindly tell me why you are so much interested to know the prosecution line relating to this query. Why shall I show you my tramp card?
Guest
(Expert) 09 February 2014
Being Anonymous Advocate Defense might not Reply
prabhakar singh
(Expert) 09 February 2014
I think we should stop now our over doing as the query is left far behind.
Anirudh
(Expert) 09 February 2014
I am afraid, in the whole discussion, the querist has been left high and dry - as whatever solution has been offered remains in the guess work and the queriest and others do not know what exactly the guessing game is about - unless the clear intention is to provide the solution to the queriest only when he approaches the expert concerned.
Biswanath Roy
(Expert) 09 February 2014
First step - AUTHOR SHALL DETERMINE TOTAL AREA OF HIS LAND ACCORDING TO HIS SITE PLAN AND ALSO DETERMINE BY A REGISTERED AMIN HOW MUCH PORTION OF LAND HAS BEEN OCCUPIED BY HIS NEIGHBOUR AND DETERMINE THE PRESENT VALUATION OF THE ENCROACHED LAND.
Second step - TO SERVE A LEGAL NOTICE UPON THE NEIGHBOUR DEMANDING THE PRESENT VALUE OF THE ENCROACHED LAND AND TO DEMAND MESNE PROFIT FOR USING THE ENCROACHED LAND FOR LONG 15 YEARS.
Third step - IF THE NEIGHBOUR REFUSES TO receive the demand notice then refusal will be treated as good service but if he otherwise refuses like ' not found' or ' not claimed ' so a copy of the demand notice shall have to send to the neighbour 'UNDER CERTIFICATE OF POSTING'
Fourth step - File a money suit against the neighbour and by a seperate application pray for commission to inspect the encroachment. Thereafter see the reaction and let the Author come to us for further advise
prabhakar singh
(Expert) 09 February 2014
Hon'ble Sir!
I seek your pardon!
Kindly explain how money suit lies?
What would be allegations?
what would be pleadings about that suit is with in limitations.?
Thanks Mr.Anirudh!
Tonight you have done some thing in seconds that i failed to do with my whole day labor?
prabhakar singh
(Expert) 09 February 2014
Frankly speaking sir i am drunk yet in full of my wisdom to assess your advise sir!
Be kind now and guide me.If you are costly i am cheap,cheaper than all sir!
i wish to frame suit free of cost on your direction sir!
Biswanath Roy
(Expert) 09 February 2014
I have given the outline idea only rest he will consult with his local lawyer. If we guide the author totally what will be the duties of his appointed lawyer?
prabhakar singh
(Expert) 09 February 2014
If equity has to prevail sir! i like you with querist but if law has to prevail i am with defendant sir!
you might have trained several chief justices of this land is not the matter of dispute sir!
But question remains how are YOU able to play YOUR OWN SWORD?
SIR! YOUR ADVISE IS SUICIDE OF QUERIST,ONLY WHEN YOU ALLOW ME TO QUESTION OF YOUR WISDOM SIR!
THANK YOU AND YOUR JUNIORS SIR!
prabhakar singh
(Expert) 09 February 2014
Sir! aa gayaa uoont pahar k neeche!
prabhakar singh
(Expert) 09 February 2014
advocate's defence remark was right.
prabhakar singh
(Expert) 09 February 2014
SIR!IF YOU WOULD ALLOW ME TO CALL YOU A JUST BORN BABY IN FIELD OF LAW,THEN I WOULD ACCEPT YOUR COMMENTS MADE HERE IN BEFORE ABOUT ME.
ELSE YOU MAY ABUSE ME.NO MATTER TIT FOR TAT!?
Biswanath Roy
(Expert) 10 February 2014
@ Prabhakarji,
Paying you my personal respect and regard I say How you expected that a person like me can abuse you? We are professional brothers while we are sharing our views we may differ on any question of law that does not mean I accrued some right to disregard you. I am allowing you to call me a just born baby in the field of law provided if you declare whether baby is a male or female and who was the midwife. Then and then only the declaration will be complete and acceptable.This is my Bar statement that I AM A VERY COOL HEAD PERSON and never excited inspite of provocation. But i can make others excited to see the fun of their reaction. This habit I USE IN CROSS EXAMINATION OF WITNESSES IN THE COURT. Be that whatever it may, from our conversation I noticed animality superseded rationality which is significant. I THINK YOU FORGOT TO POUR SOME DASH IN YOUR DRINKS YESTERDAY.
Guest
(Expert) 10 February 2014
The Learned Expert Anirudh had made excellent comments about other Experts with out providing any useful Reply to the Querist/Author .So any body can make any comments on any one but what is the RESULT TO THE AUTHOR.Mr.Anirudh could first post a successful reply to the Author then start commenting about other Experts including me which I would welcome.
Guest
(Expert) 10 February 2014
Is it a safe game Mr.Anirudh
Guest
(Expert) 10 February 2014
I would request the Experts to first provide the most successful Reply to the Author and then post their comments about others
V R SHROFF
(Expert) 10 February 2014
Agree with what Mr. NJS RAJ suggested.
If opponent have Electricity bill/ gas/ etc of 13 yrs old, your suit stand nowhere..
You cannot claim " no knowledge of next door neighbour, occupying your land.
VERY WEAK CASE.
YOU CAN ONLY GET STAY ORDERS / RESTRAINING HIM TO SELL/ ALIENATE, ON SOME OTHER GROUNDS.
Biswanath Roy
(Expert) 10 February 2014
If the land situates within municipality limit &. area then take out certified copies of assessment roll, copies of site plan ( including neighbour's property ) COPY OF THE SANCTIONED building Plan. TAKE OUT MEASUREMET OF THE BUILDING PLAN OF THE NEIGHBOUR , Take actual measurement of the Author's land by a Registered Amin and cook up a dispute alleging unauthorised construction made by the neighbour and request the Municipality by serving lawyer's notice to demolish the unauthorised construction made by the neighbour encroaching author's land and thus creating a new cause of action the Author may run to the court for relief and redress.
Anirudh
(Expert) 11 February 2014
Dear Mr. Rajkumar,
I follow the old adage, it is better to keep one's mouth shut when one is not in a position to provide the answer for lack of particulars, rather than to open it unnecessarily and providing illogical answers and then to confirm to the entire world at large, that I am the fool of the first order.
Guest
(Expert) 11 February 2014
Dear Mr.Anirudh once again I would wish to confirm Please Post your Logical Replies to the Authors with out commenting on others what ever it may be.Is it fair to name the Expert as Fool.
Biswanath Roy
(Expert) 11 February 2014
I AGREE WITH THE VIEWS OF Mr.RAJKUMAR. BUT DISAGREE ABOUT THE COMMENTS TOWARDS OTHER EXPERTS. LAW IS ALWAYS DEBATABLE DIFFERENCES MAY OCCUR ON THE POINTS OF LAW OR IN ANY LEGAL STRATEGY BUT THAT DOES NOT EMPOWER AN EXPERT TO CRITICIZE OTHER EXPERTS WHICH IS A RUPTURE OF PROFESSIONAL ETHICS. IF ANY BODY NEEDS TO COMMENT ANYTHING PLEASE DO IT THROUGH HIS PERSONAL MAIL BOX BUT NOT USING THIS PUBLIC PLATFORM.
Anirudh
(Expert) 11 February 2014
Dear Mr. Rajkumar,
I never called anybody, much less any expert, a fool. Rather to your pointed query, whether I am playing a safe game, I said that I follow the old adage. Pull stop. Anything further could be your own interpretation, but you will definitely get the benefit of doubt, as, as per your claim you are a layman and which claim I have readily accepted on face value.
Anirudh
(Expert) 11 February 2014
Dear Mr. Rajkumar,
I also take it that your memory may not be that short to remember, that one of the experts here, even called a querist an idiot and fool.
Guest
(Expert) 11 February 2014
If some body had done it earlier with out Ethics whether we should also repeat the same.
Anirudh
(Expert) 11 February 2014
Dear Mr. Rajkumar,
You cannot be selective. When you did not point out the wrong at the first time, you cannot question later on.
Guest
(Expert) 11 February 2014
Of course you are Right Mr.Anirudh I thought you would be a person who could realize but about others I do not wish to comment and I know you would have studied them.
Biswanath Roy
(Expert) 11 February 2014
My final opinion is as follows :-
1. The AUTHOR HAS TO CREATE A NEW CASE UPON NEW CAUSE OF ACTION.
2. OPPOSITE PARTIES WILL BE THE NEIGHBOUR AND THE MUNICIPALITY,
3 IF BY CONCILIATION OR MEDIATION THE PROBLEM WILL BE SOLVED. COURT PROCEEDINGS WILL NOT BE NEEDED WHEREAS IF IT IS NOT SOLVED THEN THE AUTHOR HAS TO FILE A CIVIL SUIT PRAYING FOR DECLARATION AND POSSESSION WITH THE ALTERNATIVE PRAYER FOR DAMAGE AND COMPENSATION FOLLOWING SEC.16(d)CPC THIS OPINION IS ON THE BASIS OF THE FACTS AS DISCLOSED BY THE AUTHOR. BUT I AM SURE THAT THE AUTHOR SUPPRESSED SOME MATERIAL FACTS IN ABSENCE OF WHICH SUCCESSFUL LEGAL OPINION CANNOT BE GIVEN. the author brought a dead child before the experts.
Guest
(Expert) 14 February 2014
@ Author In many incidents the most top rated Lawyers had not succeeded in many supreme court cases.INSTEAD OF GETTING COMMENTED AS ABOVE (REFER ALL THE COMMENTS)BETTER NOT TO DEBATE AT ALL AND JUST POST THE REPLIES AND WHETHER IT IS RIGHT OR WRONG IS NOT OTHERS BUSINESS>LET THE AUTHOR DECIDE WHICH TO ACCEPT>WHO EVER FEEL THEY ARE SUPER EXPERTS THAN OTHERS COULD DIRECTLY POST THEIR MOST RESULT ORIENTED SUCCESSFUL REPLY TO THE QUERIST WITH OUT COMMENTING OTHERS REPLIES
V R SHROFF
(Expert) 14 February 2014
"IF ANY BODY NEEDS TO COMMENT ANYTHING PLEASE DO IT THROUGH HIS PERSONAL MAIL BOX BUT NOT USING THIS PUBLIC PLATFORM."
I hereby appeal all Experts, please avoid such comments, and pl keep our Dignity.
We do not achieve anything by such manner.
Throw mud" GAME' makes us dirty.
Reply the Querist, and do not comment on brother advocates.
All mind think differently.
Even Apex Court Judges differ, and over rule their Judgements.
NO COMMENTS PLEASE : ON OTHER EXPERTS..
iNSTEAD OF ACHIEVING SOMETHING. wE ALL EXPERTS MAY LOOSE CONFIDENCE OF qUERIST, AND AS A RESULT, LOOSE OUR oBJECTIVES.
ALL KNOW THEIR mOTIVE, ONLY INTENTIONS ARE EXPOSED.. Better not expose..
All the Experts, Please take it seriously, before it is too late.
Biswanath Roy
(Expert) 14 February 2014
My first point is that you have to create a new cause of action from the date of taking measurement of the land of the Author by the registered Amin. Which will be verified with the documents to be taken out from municipality as detailed in my earlier post. thereafter , if any discrepancy detected and if the fact of encroachment of the land is evidently transpires from the certified copy of the sanctioned building plan of the neighbour that to be placed before the municipality authorities for demolition of the unauthorised construction . If the Municipality do not make any demolition order to give relief to the author then he can rush to court making Municipality and the neighbour as defendants in a suit for declaration and possession keeping alternative prayer for damage and compensation following sec.16(d) C.P.C
