REMEDIES AGAINST ILLEGAL DISPOSSESSION
There are several remedies available under the Civil and Criminal
law at the same time. A person who has been dispossessed can have recourse to any remedy, such as:
- Filing of civil suit under section 9 of the Specific Relied Act, which is summary procedure;
- Filing of civil suit for possession under Civil Procedure Code,
- Criminal Proceedings under sections 145, 146, Cr.P.C.,
- Initiation of criminal prosecution under section 448, P.P.C.,
- Complaint under Illegal dispossession Act, 2005
Civil Suit under Section 9 of the Specific Relied Act;
Section 9 of the Specific Relief Act, 1877 deals with a situation where a person illegally dispossessed without his/her consent. The above section has provided a remedy to get back the possession. Section 9 of the Specific Relief Act, 1877 stated that who has without his consent, been dispossessed of immovable property otherwise than in due course of law, he is entitled to recover possession thereof by filling a suit. A plea of title is no defence in the suit and any decision that may be made in that suit will be subject to a title suit which may be eventually filed and the person who has title or even a better right shall be competent to ask for recovery of the property on establishment of such right.
Filing of civil suit for possession under Civil Procedure Code;
If a person who is illegally, unlawfully and unauthorizedly dispossessed without his consent and/or otherwise without due course of law, he/she can avail a civil remedy under section 9 of the Civil Procedure Code for restatement by filing a suit for recovery of possession under Civil Procedure Code. Section 9 of the CPC clearly lays down that the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.
Criminal Proceedings under sections 145, 146, Cr.P.C.;
Besides civil remedies, the person who is illegally, unlawfully and unauthorizedly dispossession from the property may also avail criminal remedy under section 145 & 146 Criminal Procedure Code. In terms of Section 145 Cr.P.C. the person who was in possession at the time of initiation of the said proceedings, be put into possession nor to any other person. The provisions of section 145, Cr.P.C. clearly envisage apprehension of breach of peace as a jurisdictional requirement. The issue of possession of a party could only be gone into by a Magistrate after his jurisdictional requirement is satisfied. The purpose of this section is to prevent imminent apprehension of breach of peace over the immovable property. This provision does not authorize a Magistrate to exercise jurisdiction in mere existence of a dispute relating to an immovable property. The Magistrate on receipt of application from a party has to pass order under section 145(1) Cr.P.C. He is required to call the report from the police and after perusal of the same, if he is satisfied from such report or from any other information that there exists a dispute between the parties in respect of the land, which is likely to cause breach of peace, he may pass interim order in terms of section 145(4) Cr.P.C. and proceed to record evidence of the parties to determine which party was in possession of the property in dispute prior to its dispossession
Initiation of criminal prosecution under section 448, P.P.C;
Sections 441 to 448 deals with criminal trespass when a person(s) enters into or upon property in the possession another with intend to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “Criminal Trespass”. The punishment of criminal trespass is one-year imprisonment and fine.
Special Remedy under Illegal dispossession Act, 2005;
The Illegal dispossession Act, 2005 has been specially enacted to discourage the land grabbers and to protect right of owner and lawful occupant against illegal and unauthorized occupation. Under this Act, speedy, effective and easy relief has been provided to the owner as well as the lawful occupant of the property.
Choice to avail any one of them or all other remedies.
If the law provides more than one remedy to the aggrieved person. Then it is his choice to avail any one of them or all other remedies. No bar or restriction can be placed upon the claimant or the aggrieved person to approach different forums at the same time to avail respective remedies.
NOTE
This information provided in the article do not constitute legal advice and are not intended by the author.
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