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Author Topic: property was encroached by trespassers  (Read 417 times)

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  • Newlaw
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property was encroached by trespassers
« on: May 28, 2018, 08:21:30 PM »
I won settlement patta agricultural land 8 and half cents in ,Chittoor Dist ,Andhrapradesh , I have full legal ownership  rights on this property.[have  Evidence such as  1B , Adangal , Pattadar passbook and title deed , Enjoying loan from long years ]
 This total property was encroached by trespassers[3 people ] and they are in physically long possession  from so many years [20 years plus ] of property without any right ,title ,grant ,lease over this property  [have  Evidence land survey report issued by Govt recently  ] . One of  trespasser already have pinching  and they have development of land with mango trees .
Note : Actuall trespassers property was in others physical enjoyment  in the same near by location and they are not trying to get their legal ownership property since they have development (Mango tress ] in my property
I have been requesting them to vacate  my property so many times  but they are not listening to me ,Hence requesting you to kindly suggest  whether can I approach court on this matter

1 Please suggest how can I file suit on this , can I have approach for permanent or temporary injection   
2 Do the trespassers has any right on this , Will they have adverse possession right as per section 65 of limitation act 1963

Offline advjaibansal

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Re: property was encroached by trespassers
« Reply #1 on: June 01, 2018, 05:55:15 PM »
You may file a suit for possession. Please show in the suit that they were permitted to use the land. This way they may not have their claim by way of adverse possession. As permissive possession can never become adverse possession.
jai bansal
Advocate, New Delhi
Supreme Court of India
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