Author:–Advocate Shoaibur Rahman Shoaib
Every land owner face problem regarding the taking of possession of land. It’s a very common situation in our society. General people don’t know how to solve this problem. That’s why they can be dispossessed form their land. They become destitute after losing their land. There are huge powerful lawsto stop eviction, but how the law will take place, how to get remedy or how to prevent such eviction, that’s the ignorance to the general people. On the other hand life fall in endanger to run to court to court. Even, these types of case stay in a hanging situation for a long time. When you step out of the case, when you will get cure, it’s totally unknown to you. Your land may be dispossessed, but you have to stay like helpless, it may not be! It is open for you to get the remedy in both criminal and civil laws. If there is any possibility of rioting, victim can take the help of criminal law. Under section 145 of The Code of Criminal Procedure, 1898 may seek redress. Under this section you shall ask for the remedy to the Magistrates’ Court. Case must be filed within two months from the date of occurring of risk of dispossession or dispossessed. Magistrate issues summons to the other party. Next time, Magistrate shall hear the both parties and take the evidence. After taking the evidence, Magistrate shall determine the occupant. He can give order to the police for investigation to find out the actual occupant. However if any one seek remedy under section 145, he cannot claim for rights or ownership. It just determined the occupant. To claim rights and ownership, the person must go to the civil court. If anyone seeks a specific remedy for restoring the possession of land from the illegal dispossession, under section 8 and 9 of The Specific Relief Act, 1877 you can get such remedy. According to the section 8 of Specific Relief Act, real property owner may apply to the Civil Court, in the prescribed manner in a prescribed form, for remedy. In this case the applicant must have to prove his ownership, otherwise he do not get the remedy. If any person without the appropriate legal means becomes dispossessed from his land he can seek remedy under section 9 of the same Act. Under this section the claimant only can seek remedy for dispossession .Prove of ownership is unnecessary. In this case the claimant has to prove three things. These are as follows……….
- Whether the plaintiff is occupied the land or not?
- Whether the defendants dispossessed the claimant forcefully or not?
- Defendants enter into the land illegally.
Time limitation for filling suit: To get remedy under section 9 the claimant must file the suit within six month from the date of the dispossession, otherwise he will loss his right to file suit. In case of section 8 claimants must file the suit within 12 years.