Can we claim adverse possession if SDM suddenly attach the land under 145crpc after 35years or peacefull possession due to conflict?
Dimbeswar Lahkar 02 March 2025
Can we claim adverse possession if SDM suddenly attach the land under 145crpc after 35years or peacefull possession due to conflict?
T. Kalaiselvan, Advocate (Advocate) 02 March 2025
Whose property it is?
If you have encroached the government property without any valid reason then it becomes your duty to establish your possession and enjoyment by producing legally valid documentary evidences.
But, you have to first issue a legal notice to the SDM about this by denying the allegations they leveled in the notice and immediately file a suit for declaration of title operating law of adverse possession and mandatory injunction to nullify their notice and permanent injunction to not to interfere with your possession and enjoyment of the property.
You may discuss with your advocate and proceed as suggested.
Dr. J C Vashista (Advocate ) 02 March 2025
Did you file a declaratory suit before jurisdictional court to claim your right for being in adverse possession of the property.?
Dimbeswar Lahkar 04 March 2025
It was a ceiling surplus land allotted to 4Persons in 1975. After 35years of trying for mutation it is seen that there is no records of ceiling and land is still under myadi mutation of original pattadar whose grandson is now a gaon pradhan. In 2010, some rude people started harvesting crops and allotees proceeded police resulting 145crpc by SDM. Its pending for 14 years because the case file is missing and all parties died. In 2017, Gaon pradhan, the main culprit is substituted in the case through a petition by allotee's family. After, hearing, SDM passed an order to tehsildar in2021 for mutation per compromised agreement. Later, 2nd party took u-turn and denied the order in tehsildar office. Can we claim Adv possession after long attachment by SDM? RTI filed for ceiling and allotment records as pradhan already took allotment letters from other3 allotees and hid office records intentionally. What next?
P. Venu (Advocate) 07 March 2025
You can initiate a civil action after serving Notice under Section 80 CPC. However, mere encroachment does not constitute adverse possession.