What do you do if the property is repossessed? Encroachment is the act of forcibly evicting you from your land and illegally establishing a presence there. Remember, if your land is dispossessed, remedial measures should be taken as soon as possible. If the property is vacant for a certain period of time, i.e. more than 12 years and if no case is filed in that period, according to Tamadi Law, a type of ownership of the property is created by the expropriator. To get relief from eviction you need to prove – 1. You have been forcibly evicted. 2. You have been evicted without your consent. 3. Expropriated without due legal process. 4. You had the rightful possession of the land before the dispossession. 5. You have filed a suit for redress within 6 months of eviction. Remedies for dispossession can be obtained in two ways – through arbitration and through litigation. 1) Through Arbitration: With the consent of both parties, the plaintiff can get his land back through arbitration presided over by a local dignitary, village court, murubbi or matbar. Disputes are resolved between the parties through arbitration. 2) Through litigation: (2-a) Cases in Criminal Courts: If there is a risk of creating an unstable situation based on land occupation, you can seek redressal under Section 145 of the Criminal Procedure Code. According to this section, the remedy should be sought in the court of the first class executive magistrate. And this case should be filed within two months after the eviction or the threat of eviction. If there is a case, the magistrate will issue summons to the opposing party. Later, he will hear the statements of both the parties and decide who is the owner of the property at the end of the evidence. If necessary, you can order the police to conduct an on-site investigation. Based on the report given by them, they will decide who is the real owner. However, if seeking remedy under section 145, ownership or ownership cannot be claimed here. Through this remedy can only be sought to determine the actual occupier.

(2-b) Cases in Civil Courts: Sections 9 and 8 and 42 of the Specific Remedies Act require a suit to be filed in a court of specific jurisdiction in the case of remedial action regarding ownership of land. If the value of the case is less than four lakh rupees, the court of assistant judge should seek remedy and if it is more than four lakh rupees, the court of joint district judge has unlimited jurisdiction. The case must be filed through a lawyer. Proof of ownership is not required to seek remedy under Section 9 of the Specific Remedies Act. Merely dispossessed from the land — it will suffice to prove it. Section 9 provides that if a person is dispossessed, he or a person claiming through him may recover possession by suit. Aspects which are considered in this case are- whether the plaintiff i.e. the person claiming the remedy, was occupying the land or not; whether the defendant forcibly evicted him or not; Whether the defendant entered the land unlawfully or not. But the plaintiff must file the suit within six months of the eviction. Otherwise he has to lose the right to sue under this section. If the plaintiff is unable to prove his title (ownership) to the property, he can only prove possession prior to dispossession, then he can obtain a decree in his favour. There is no provision for appeal or review against the decree or order passed under Section 9 of the Specific Remedies Act. However, revision can be done in the Hon’ble High Court. But in case of expropriation by the government, no remedy can be found in this law. However, if the property is dispossessed for any reason, the person who has legal ownership can recover possession of the property by filing a suit in a civil court within 12 years of the dispossession or within 12 years of being notified of the dispossession. In this section, the plaintiff must have ownership of the property in the suit. According to section 8 of this Act, the owner of the land can seek remedy for recovery of the land in the prescribed manner. However, according to this section, the dispossessed person has to seek a declaration that he has ownership or ownership in the land or has a claim to ownership. If not, it is not possible to get remedy according to this section. Sections 8 and 42 of the same Act have fixed the time limit for filing a suit within 12 years from the date of dispossession in case of suit with proof of ownership. Such cases are generally called cases of possession. Remember, if your land is vacant, remedial measures should be taken as soon as possible. If the property is occupied for a certain period of time, a kind of ownership of the occupier is created over the said property. Section 28 of the Tamadi Act states that the right of the plaintiff in the property shall lapse after the expiry of the period prescribed in this Act for suing for possession of any property. Section 142 of the Tamadi Act states that the suit must be filed within 12 years of the dispossession. A perusal of Sections 28 and 142 of the Tamadi Act shows that if a person does not file a suit within 12 years of being dispossessed of the property in his ownership and possession, his title to the property is extinguished.