Supreme Court told the way to get the property released from the occupier without going to the court

The Kalamkar News, New Delhi: Nowadays, thousands of cases of property encroachment are pending in the court and thousands of such cases also come to the police every day. 

Getting the encroached property released is a very difficult task, in such a situation the landlord adopts various tactics. In such a situation, filing a court case remains the only final option. If someone has encroached on your house or land, you can get it vacated without going to court. The Supreme Court has given its 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 can forcefully vacate the possession himself. However, for this it is necessary that you are the owner of that property and it is in your name i.e. you have the title of that property.

In the Poona Ram vs Moti Ram case, the Supreme Court (Supreme court big news) said that if you have the title of the property (property news), then 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 you have 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.

A 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.

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 Barmer, 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 the land. After this Poona Ram filed a case in the court to get possession of the land. In the 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 restored the possession of Moti Ram. After this, Poona Ram appealed to 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.

SBI made 48 crore customers happy, now these facilities will be available at home

In this case, Moti Ram argued 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 top 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. .