How to remove ecroachment

Greetings.

I am obliged to tell you that you are not completely correct in stating that the SC allowed the use of force to evict any trespasser from the property if one has a good title to the property. It was in Rame   Gowda   (dead)   by   Lrs.  V.  M. Varadappa  Naidu  (dead)  by  Lrs.  and  another, (2004) 1 SCC 769 in which the SC held that a person in peaceful possession of a property can use some reasonable force to maintain his possession. However, a true owner of a property, if dispossessed, can retake the possession without force. Peaceful possession means a possession which has been there for a long period of time and has been so without any disturbance. In the present case, this judgement was mentioned and not expressly overruled. So, it can be said that this view is still prevalent.

In your situation, however, the present case and the case which was referred to do not completely apply. You say that you are the true owner who wants to evict the trespasser. Well, firstly, you can evict the trespasser, but only peacefully and can only use reasonable force, which is generally a difficult thing to do. Generally, you will have to establish your title and then you can take a legal recourse. Secondly, if the trespasser has been staying there for a long period of time, say 12 years, he would have the right to use reasonable force against you. So you need to make sure that the possession has not been there with the trespasser for a long period of time.

In the Poona Ram case, the well-established principle that the owner of the property has the perfect title to the property was reiterated. It means that If you are the owner, you have the right to regain possession, if you were wrongly dispossessed.

Hope this helps you.