Actions to be taken to regain possession of dispossessed land

The Dhaka Times Desk Expropriation of land is a daily issue in our country. It is not possible to tell who is taking possession of the land by uprooting whom from whose land. But as there is a crime, there is also a law to remedy it, you just need to know the process of taking the right legal help.

If someone ousts you from your legal land and takes possession of the land illegally, what should you do? Don't despair, the law guarantees you to get your rightful land back. All you have to do in this case is that you can get your land back in two ways.

of the area To Matabbar/Murubbis You can ask them to return the possession by showing valid documents of your land. In this case the Matabbar/Murubbi can call you and the illegal occupier and come to a decision through a meeting. But in many cases, local justice does not stand up to the influence of the illegal occupant, if the decision of the meeting does not go in your favor disappointed don't be They cannot force any decision on you. If you do not accept the decision of the meeting, then tell them clearly that I am not happy with your decision, so I will take legal recourse in the court.

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The law gives you ample remedies to get your land back in court. In this case you are a criminal court or
Both civil courts can file a case to get your land back.

If you file a case in a criminal court, you will get a quick remedy, so it should be the first place to go. According to Section 145 of the Code of Criminal Procedure of 1898 If any person from the land occupied by him (Own or not) is suddenly dispossessed or forcibly dispossessed by any person, if after dispossessed of the land he In the criminal court A case must be filed.

There is a certain time limit in the law for filing a case in the criminal court, to expropriate your land Within 2 months You have to sue or you lose jurisdiction to sue in this court. Criminal Courts are assigned to specific areas of the area to prosecute cases 1st Class Magistrate A case must be filed in court.

Now let's know how to file a case for expropriated land in civil court.

One thing to note in this regard is that if you fail to file a case in the criminal court within two months of the expropriation of your land, then you will be open to file a case in the civil court. To file a case in civil court from the date of land expropriation Within 6 months A case must be filed. But in this case it will take some time to get the judgment of the case.

If you have to file a suit for dispossessed land in civil court, you have to own your land As a price Civil court Judges of various ranks in the court have to go

For example:

• If the value of the vacant property is up to Tk 2 lakh then the case has to be filed before the Assistant Judge of the area where the land is situated.
• If the value of the vacant property is between Tk 2 lakh and Tk 4 lakh then the case has to be filed before the Senior Assistant Judge of the area where the land is located.
• If the value of vacant property is between 4 lakh 1 to 5 lakh taka, then the case has to be filed with the Joint District Judge of the area where the land is located.
• If the value of the vacant property is between 5 lakhs and 1 rupees then the case has to be filed with the District Judge or Additional District Judge of the area where the land is situated.

Now naturally a question comes if your land is dispossessed and you could not file a case even within 2 months or 6 months for some reason then what to do?

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Yes, the law also provides for this, you lose possession of your land If more than 6 months and within 12 years If you can file a case Sections 8 and 42 of the Specific Remedies Act, 1877 In a civil court having jurisdiction accordingly.

Therefore, the law gives you all the facilities to get back your dispossessed land. You just need to know the right legal clauses and procedures. If you have not lost possession of the land today, you may find yourself in such a situation in the future. So, if you know the facts, you can proceed at your own and others' peril.