sachin (hr executive) 29 June 2011

Land encroachment on ancestral property

I own 8 acres of ancestral agriculture land in Karnataka state ( Gulbarga district). Around 30 days back around 1 acre of our property has been encroached upon by our new neighbours who claim that this land belongs to them as per the land survey and measurement done by revenue department.

We had also done our land measurement in 2004 by the revenue department and have all the necessary records proving our ownership of this controversial 1 acre land.

Also we have put in a new request to revenue department for remeasurements of the complete land

When we asked for a copy of our neighbours land mesurement records he refused to provide those and has started using this piece of land for agriculture without our consent.

Please help as to how can we solve this issue? Do we need to approach the court and get a restraining order?

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1 Replies

niranjan (civil practice) 29 June 2011

Yes, file suit and ask for injunction.do not admit that neighbour has encroached the land but say that he is trying to encroach the land and ask for injunction that he should not interfer in your possession. But if duridng the trial if cou rt believes that he is in possession,in that case amend the plaint and ask for possession.because suit for mere declaration of your title without asking for possession is not maintainablel.