Do we Know how to protect our property??

Guys! entering the property forcefully is illegal and we have Right to protect our property by the equitable force and knocking the doors of the Hon'ble Court. Check out the problem which is faced by the person and way to get over it.

Question- Dear Sir/Madam, I am a Software Professional in Bangalore, I have purchased a site of 60*90 in my village and I have all my original documents for that property. And I am constructing a home over there but the people who are staying just opposite to my land are SC/ST, they have acquired my land of 30 feet in front of my building with the local support and by thinking that sc/st people can't be touched by other caste. If I ask them they using abusing language and they will come in a group and talk in stupid language to my mom. For all these issues I have lodged a complaint with police but even then they are still doing the same. Panchayath officer has tried to give them a notice but they are not taking that. So my question is how to proceed this? . Does injection from the court will help on this?. And even after we take an injection from the court, if they again do same abusing things and talk harsh and if they don't allow us to do work there, then how to proceed this?. Please please kindly help me with suggestions on this.

Source

Answer- The first step should be to get the possession of the 30 Feet property, file the application for the permanent injunction in the Hon'ble Court. A permanent injunction means an order requires a party to do or refrain from a particular act. Now, this order will refrain them to enter your land and further the problem persists as if they didn't follow the order of the court and continue to harass you by entering the land then contempt of the court application can be moved. The permanent injunction can be taken under the Section 38 of the Specific Relief Act. The entering into your land without the permission will amount to Trespass by the people. If someone trespasses on your property despite due warning the practical remedy is to ask them to leave. If they don't, you are allowed to use reasonable force to eject the trespasser. However, if they try to enter again then file a case under Section 441 of Indian Penal code, 1860 for criminal trespass. The case under is filed when there is trespass forcefully without the owner's permission over the property. You will have to prove the ownership of the property in the court. Therefore, they can be punished under the Section 447 of IPC. If they still don't allow to work then automatically it will contempt of the Court and as i have already mentioned the application can be moved for the contempt. You can file the application under Section 294 of the Indian Penal Code for using the obscene language in public for abusive words.

Guys!!! be aware of your Rights. This doesn't specifically to this problem but any kind of matter. Therefore, this is the general question asked by people to which I have answered. The problem like this or relating to this may arise, so challenge the action in the court of law.

PS:- General advise is applicable in all countries. Application of the same varies according to their own Acts.
PS:- It is just a legal advice and would recommend checking from your source too.

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