Illegal possession
8 months ago
My grandfather bought a 2 bheega land for crop from Israr beg before partition of india .At the time of registry india partitioned .Israr beg went to pakistan but the possession is in my grandfather hand they farmed in it after grandfather death the possession is in my father hand . But name is still in Khatuni of Israr Beg because no registry is done . Now mafia has encroached my land and making illegal factory on it.
Its my humble request to tell me what will i do to take back the possession of my land.
Contact number 8392860677
I need urgeng Advice
You have the following legal remedies
1. Temporary or Permanent Injunction
An injunction means a court order which forces an individual or individuals to execute an action or abstain from performing that act. As far as the term permanent injunction is concerned, it acts as a final order to ensure that individuals completely abstain from land encroachments. In the case of the temporary injunction, it prevents encroachment of public property till a specific period.
The process of temporary injunction goes in the following ways:
As a property owner, you need to apply to the court, referring Code of Civil Procedure under Order 39 (rules 2 and 1), to obtain a temporary injunction against the encroachment of land.
The court will assess your application and request the defendant to file a reply to the injunction. After this, the court will determine whether it will accept or reject the application.
If the court considers the injunction valid, it will pass an order for a temporary injunction on the concerned property.
2. Ex-parte Injunction
The court passes an ex-parte injunction if a defendant does not file a reply to the application or if the reply will cause a significant loss for the application.
3. Claim Damages
You can claim damages caused due to land encroachment. Here, the term 'damage' refers to compensation that a defendant may be asked to pay to cover the financial losses you faced as a property owner. You can claim compensation for loss of mental sanity or physical damage, including damages done to you or your property during land encroachment.
Anonymous
Replied 8 months ago
Sir how i will permanently owner of land which is name of Israr beg R/O Pakistan . I have not Registry but I have possession from 65 year What I will do?
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