Permanent injunction and removal of encroachment without title deed

First ask your lawyer to press court to issue directions to defendant/ your neighbor to file written statement in court. 

Thank you for your reply sir,

but court has recorded as written statment not filed, it was recorded almost a year ago. now the stage is Plaintiff evidence. Please advice what can be done Sir.

It means defendant has lost his right to file WS and court has now fixed case for plaintiff evidence. It is good for you and you now adduce your evidence in court. 

Thank you for your reply Nanda Sir, 

The only question is I do not have a title deed, So can I win this case without the title deed is my primary question?

Appreciate your advice sir.....

You have a registered gift deed from your father.

What did your father have? How did your father get the property? Does he have a registered sale deed? Or, any other document? 

What did your father write in the registered gift deed? Did he write how he got the property? 

You have not provided all the facts. 

But, with the given facts, the answer is: 

Yes. It is possible to win the case, if you can prove your possession. 

You can prove your possession by the registered gift deed, tax receipts, electricity bills, e-khata etc. 

You have an advantage. He did not file the written statement. You also say that he does not have any documents. So, I think you have a very good chance of winning the case. 

Did he acquire the site through a registered sale deed and then construct the house? Your father gifted you the home, which is a title deed. You have a chance to win the case.

Thank you so much for your reply "Law student"

My father purchased the property in 1990 but it is not registered so my advocate said it is not useful.

house was constructed by my father in 2001. In the gift deed, it is mentioned that my father has purchsed. but not disclosed how he purchased and from whom and when.

Appreciate your advice on this .

Thank you.