Un authorised occupation

No there is no such law. Earlier there was concept of ownership by way of adverse possession but since that property belongs to you that means in land records your name might have been written. Even if after 25 years if he is claiming ownership then he will have to continous and undisturb possession, planting tree doesn't make possession. After 25 years he will have to maintain land records. However, continuous undisturb possession give one person ownership by way of adverse possession but it had limited scope. You should give some more details for proper advice. However, as if now you should go step by step. First make application to Collector to remove encrochment. Then, suit for permanent injunction and possession. 

Thank you for the prompt reply.

I can get you all the details of this dispute.

As there was no proper boundary in those days, the boundary was maintained by him in the east and oflate we have understood his encroachment some time back. We were not in a mood to go for a dispute as that was a waste land for us. But now the party goes for pucca construction which may be a trouble in future. Hence, we wanted the rule position before taking up the case. He agrees that his new wall is in our patta land in writing, but claims right beause he owns it for years. Earlier he built a toilet in our side and we never objected keeping the unused portion in mind. Hope that gave him furtherment in this.

Are we in the right side to take up eviction of the party?

Kind regards. 

Ask Patwari for demarcation of your property showing your land record, after that you will get clear information about how much is your land and how much is encroched. Thereafter, if it appears that some particular land had been encroched then you have above remedy. However, in future if litigation start then during pendecy you will have to do demarcation so to understood how much land is encroched. So better do it now, so that you can ready with your further action plan 

Thanks a lot sir for your kind consideration and reply. We are trying to do the same now. Hope to get the best solution. We shall get back to the forum after reaching the patwari.

Today he has gone for caveat petition. What is the ramification in this case? Will there be any trouble to stay his activities?