How to get your property released from the encroacher without going to court, Supreme Court told the way
supreme court decision: Nowadays, taking possession of someone's property has become a common thing and due to lack of knowledge about the rules of property, people make rounds of the court to get rid of the possession and while hearing one such case. The Supreme Court has given an important decision. It is important for you to know the things that the Supreme
The Kalamkar News, New Delhi: If someone has encroached on your property i.e. house or land, then you can get it vacated without going to court. The Supreme Court has given an important decision in this regard.
While giving the verdict in the case of Poonaram vs. Moti Ram, the Supreme Court said that no person can illegally occupy the property of another.
If someone takes possession of someone else's property in this way, then the aggrieved party has the right to vacate the possession by force.
However, for this it is necessary that you are the owner of that property and it is in your name i.e. you should have the title of that property.
This is how you can vacate your property
In the Poona Ram vs Moti Ram case, the High Court said that if you have the title of the property, you can forcefully vacate the possession of your property even after 12 years.
There is no need to file a case in the court for this. Yes, if you do not have the title of the property and it has been 12 years since the said person has been in possession, then you will have to file a case in the court.
Specific Relief Act 1963 has been enacted for legal proceedings in such cases. Provision has been made under Section 5 of the Specific Relief Act for eviction of illegal encroachment from the property.
However, in a property dispute, first of all a stay should be taken, so that the person in possession cannot build on that property nor can sell it to anyone else.
According to Section 5 of the Specific Relief Act, if a property is in your name i.e. you have the title of that property and someone has illegally occupied that property, then to get it vacated, you can apply to the Civil Procedure Code (CPC). A case has to be filed under this.
What was the case of Poona Ram vs Moti Ram
Poona Ram is a resident of Rajasthan. He had purchased land from a Jagirdar in the year 1966, which was not in one place, but in many different places.
When it came to ownership of that land, it came to light that a person named Moti Ram was in possession of that land. However, Moti Ram did not have any legal documents for that land.
After this Poona Ram filed a case in the court to get possession of the land. In this case, the trial court ruled in favor of Poona Ram and ordered Moti Ram to vacate the possession.
After this, Moti Ram appealed the case in Rajasthan High Court (While hearing this case, the High Court overturned the decision of the trial court and decided to restore the possession of Moti Ram.
After this, Poona Ram An appeal was made in the Supreme Court against the decision of the Rajasthan High Court, on which the court ruled in favor of Poona Ram and said that the person holding the title of the land can forcefully vacate the possession of the land.
In this case, it was argued on behalf of Moti Ram that he has been in possession of that land for more than 12 years. Section 64 of the Limitation Act says that if someone is in possession of the land for more than 12 years, then it cannot be vacated. However, the Supreme Court rejected this argument of Moti Ram.
The Supreme Court said that this law is applicable in cases where there is no owner of the land, but if there is an owner and he has the title of that land, then he can be forcefully vacated even after 12 years. .
Which section applies in property dispute
Section 406 (Legal Section 406): Many times people take advantage of the trust placed in them.
They take possession of land or other property by taking advantage of the trust and confidence reposed in them. Under this section, the victim can give his complaint to the police.
Section 467 (Legal Section 467): According to this section, if someone's land or other property is grabbed by making fake documents and possession is established, then in such a case the victim will be liable under Section 467. You can give your complaint.
The number of cases of taking over land or property in this manner is very high. Such cases are a cognizable offense and are tried by a Magistrate of the First Class. This crime is not negotiable.
Section 420 (Legal Section 420): This section deals with different types of fraud and fraud cases. According to this section, the victim can also file his complaint in property related disputes.