Procedure for ejectment of my neighbour from my land
gangesh
(Querist) 30 June 2014
This query is : Resolved
HI sir,
I am from amethi district of uttar pradesh .I have a land on wich a tin shed is located for tethering cattles and other agricultural purposes in front of my house.My grandfather has made that tin shed(madaha)and we are using it from previous 30 years.
Now Two months ago,one of my neighbour has demolished the boundary wall of my house and encroached the tin shed.I have made the complaint to police authorities but I didn't get any help.
So what s the leagal procedure to get that land and tin shed back.
Can I directly appeal in district court or do I have to appeal first at SDM court of my tehsil?
What is the hiearchy that i have to follow so that I can file a case?
Devajyoti Barman
(Expert) 30 June 2014
you have to approach the civil court in your locality. File a suit for declaration and injunction.
Raj Kumar Makkad
(Expert) 30 June 2014
You have not mentioned about the ownership of that land which was under your possession since last 30 years. I presume that same as part of your agricultural land so better to get the partition of the land and for the purpose of compensation and punishment, file a civil suit for compensation and criminal complaint for the purpose of loss to your property.
Dr J C Vashista
(Expert) 01 July 2014
I agree with Sh. Raj Kumar Makkad ji, who is the title holder of the subject land. If your neighbour is owner, he is right in his action to demolish the tin shed. Otherwise he is a tresspasser and cannot proceed in such an illegal manner for which police will hardly intervene and you are required to move to civil court of jurisdiction.
It is advisable to engage a local lawyer.
Rajendra K Goyal
(Expert) 01 July 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Can-abadi-land-be-used-by-another-neighbour-after-demoloshing-the-boundary-wall-of-my-house--475221.asp#.U7IufLFKqRQ
T. Kalaiselvan, Advocate
(Expert) 03 July 2014
If you are not the owner of the said trespassed property, who is the owner?, is the encroach er/trespasser the owner? If either of you are owners, you may file a mandatory injunction suit and declaration suit based on adverse possession, but consult a local lawyer before planning to proceed with a suit for the purpose.
Raj Kumar Makkad
(Expert) 04 July 2014
@kalaiselvan! experts have already decided not to attend the repeated query.
