► Hello, Hope you are doing well. My uncle is the defendant in a civil suit. In the trial court, the court has declared my uncle as the owner of the property, and he is currently in peaceful possession. All utility bills, property taxes, and CCTV footage are in his name, and the ownership is recorded in official documents. The plaintiff, who has a history of criminal behavior, has filed an appeal, which is currently pending in the appellate court. My uncle has rented out a portion of the property, and the plaintiff is threatening the tenants to either vacate the property or pay rent to him, and has threatened to occupy the property illegally. I would like legal guidance on the following points: Question 1: If the plaintiff illegally occupies the property despite the trial court’s order, what legal remedies does my uncle have to recover possession? Can he approach the appellate court immediately to inform them of the threats and seek protection, or is it more appropriate to file a separate suit under Section 6 of the Specific Relief Act? Question 2: What types of evidence (e.g., ownership documents, utility bills, property taxes, CCTV footage) are most effective in supporting his claim for immediate recovery of possession, and what is the usual timeline and process under Indian law to obtain possession in such cases? Thank you.
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1 Answer
Dec 16, 2025
Dear Sir,
Your uncle is already a decree-holder in substance, since the trial court has declared his ownership and possession, and there is no stay operating from the appellate court. The plaintiff’s conduct amounts to interference with lawful possession and potentially criminal trespass.
If threats or trespass occur:
Police complaint / FIR under:
Section 441 & 447 IPC (Criminal Trespass)
Section 503/506 IPC (Criminal Intimidation)
File a complaint under Section 145 CrPC if breach of peace is apprehended.
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