Illegal Possession and Encroachment of Property in Hyderabad: What to Do
When someone occupies your land, plot or house without right, whether a neighbour pushing a boundary, a tenant who will not leave, a relative, or a stranger who puts up a structure, the law gives several remedies: a suit for possession that must be filed within six months of dispossession, a suit based on your title, injunctions, a police complaint, and in some cases an order from an Executive Magistrate. This guide explains each, the time limits that matter, and what to do first in Hyderabad.
What to do first · Six-month suit · Suit on title · Time limits · Injunctions · Police and Magistrate · Tenants · Government land
What to do first
- Note the date on which you were dispossessed. The six-month period under section 6 of the Specific Relief Act and the 12-year period under Article 64 of the Limitation Act run from the date of dispossession, not from the date you found out. Note also when you first saw the encroachment.
- Keep your records together as a practical matter: your registered sale deed or other title documents, Record of Rights or pattadar passbook extracts, records of tax payments, and photographs of the property and of any new construction.
- Act through the law. In Rame Gowda v M. Varadappa Naidu, as quoted by the Supreme Court in Poona Ram v Moti Ram (2019), a three-judge bench of the Supreme Court said that where a trespasser is in settled possession, the rightful owner “shall have to take recourse to law; he cannot take the law in his own hands”. Whether possession is “settled” depends on the facts.
The six-month suit for possession
Under section 6 of the Specific Relief Act, 1963, if you are dispossessed of immovable property without your consent and otherwise than in due course of law, you (or a person through whom you were in possession, or a person claiming through you) can file a suit to recover possession, “notwithstanding any other title that may be set up in such suit”.
- The suit must be filed within six months from the date of dispossession, and cannot be filed against the Government (section 6(2)).
- No appeal lies from an order or decree in this suit, and no review is allowed (section 6(3)).
- It does not prevent anyone from filing a separate suit to establish title and recover possession (section 6(4)).
The Supreme Court in Poona Ram explained, referring to its earlier decision in Nair Service Society v K.C. Alexander, that in such a suit the plaintiff need not prove title and the defendant’s title does not help him; after six months, the defendant can raise title, and if he does, the plaintiff must establish a better title; this does not bar a suit on prior possession within 12 years of dispossession.
Suit for possession based on title
A person entitled to possession of specific immovable property can recover it under the Code of Civil Procedure (Specific Relief Act, section 5). The suit is filed in the court within whose local limits the property is situated (CPC section 16). In Telangana (from 1 September 2024), suits valued up to Rs 10 lakh go to a Junior Civil Judge, above Rs 10 lakh and up to Rs 50 lakh to a Senior Civil Judge, and above Rs 50 lakh to the District Judge level (in Hyderabad, the Chief Judge or an Additional Chief Judge of the City Civil Court). See our guide on filing a civil suit.
Court fee under the Telangana Court-Fees and Suits Valuation Act, 1956 depends on the relief: for example, on three-fourths of the market value (or Rs 300, whichever is higher) for a declaration with possession (section 24(a)) or for possession not otherwise provided for (section 29); for an injunction about immovable property where your title is denied, on half the market value or Rs 200, whichever is higher (section 26(a)). Confirm the fee for your suit when the plaint is drafted.
Time limits, and losing the right
| Suit | Time limit | Time runs from |
|---|---|---|
| Possession under section 6 of the Specific Relief Act | 6 months | the date of dispossession |
| Possession based on previous possession, not title, after dispossession (Article 64) | 12 years | the date of dispossession |
| Possession based on title (Article 65) | 12 years | when the defendant’s possession becomes adverse to the plaintiff |
| Landlord recovering possession from a tenant (Article 67) | 12 years | when the tenancy is determined |
Section 27 of the Limitation Act provides: “At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.” Subject to the exceptions in sections 4 to 24, a suit filed after the period must be dismissed even if the defendant does not raise limitation (section 3).
In Ravinder Kaur Grewal v Manjit Kaur (2019), a three-judge bench of the Supreme Court held that once 12 years of adverse possession are complete, even the owner’s right to eject the person in possession is lost, and that a person who has acquired title by adverse possession can sue on that basis as a plaintiff, not only use it as a defence. The Court also said that a person dispossessed by someone “taking law in his hand” can file a possessory suit under Article 64 even before title has been acquired.
The Supreme Court in Poona Ram said that a person claiming possessory title must show settled possession: possession that is effective, undisturbed, and to the knowledge of the owner or without any attempt at concealment, existing for a sufficiently long period and acquiesced in by the owner; stray or intermittent acts of trespass do not give such a right. There is no straitjacket formula, and it depends on the facts.
Injunctions
- Temporary injunction: while a suit is pending, the court can grant a temporary injunction where the disputed property is in danger of being wasted, damaged or alienated, or the defendant threatens to dispossess the plaintiff or cause injury in relation to the property (CPC Order XXXIX rule 1). The court ordinarily gives notice to the other side first, unless delay would defeat the purpose; where it grants an injunction without notice, it is to endeavour to decide the application within 30 days (rules 3 and 3A).
- Perpetual injunction: at the end of the suit, the court may grant a perpetual injunction where the defendant invades or threatens to invade the plaintiff’s right to, or enjoyment of, property, for example where money compensation would not be adequate relief (Specific Relief Act, section 38).
- Mandatory injunction: the court may also compel the defendant to perform certain acts needed to prevent the breach of an obligation (section 39). Damages can be claimed in addition to or instead of an injunction, if claimed in the plaint (section 40).
- When an injunction cannot be granted: for example, where the plaintiff has acquiesced in a continuing breach, where equally efficacious relief can certainly be obtained another way, or where the plaintiff’s own conduct disentitles them (section 41).
- If an injunction is disobeyed: the court can attach the property of the person in breach and detain them in civil prison for up to three months (Order XXXIX rule 2A).
- Local inspection: the court can appoint a commissioner to make a local investigation and report where it considers this necessary to elucidate any matter in dispute (Order XXVI rule 9).
Police complaint and the Executive Magistrate
- Criminal trespass: entering property in another’s possession with intent to commit an offence or to intimidate, insult or annoy the person in possession, or unlawfully remaining there with that intent, is criminal trespass, punishable with up to three months, or a fine up to Rs 5,000, or both; house-trespass (into a dwelling or a building used for worship or custody of property) is punishable with up to one year, or a fine up to Rs 5,000, or both (BNS section 329). Both are cognizable and bailable, and can be compounded by the person in possession of the property (BNSS First Schedule and section 359).
- Damage and threats: damaging property can be mischief (BNS section 324), and threatening injury to a person or their property can be criminal intimidation (section 351). Criminal intimidation under section 351 is non-cognizable. Mischief under section 324 is non-cognizable except where the loss or damage is Rs 1 lakh or more (section 324(5)) or the offender had made preparation for causing death, hurt or wrongful restraint, or fear of any of these (section 324(6)), which are cognizable (BNSS First Schedule). For a non-cognizable offence the police enter the information and refer the informant to the Magistrate, unless a cognizable offence is also involved (BNSS section 174).
- Filing an FIR: information about a cognizable offence can be given at any police station, orally or electronically, and a copy of the FIR is given free (BNSS section 173). If the officer in charge refuses to register it, send the substance in writing and by post to the Superintendent of Police concerned (in a commissionerate such as Hyderabad, written representations can also be made to the officers above the Station House Officer, from the Assistant and Deputy Commissioners of Police up to the Commissioner of Police and the Director General of Police), and if that does not result in action, apply to the Magistrate by an application supported by an affidavit (sections 173(4) and 175(3)).
- Executive Magistrate, breach of the peace: where an Executive Magistrate is satisfied that a dispute about land, water or its boundaries is likely to cause a breach of the peace, the Magistrate can call on the parties to state their claims about actual possession and decide, without reference to the merits of anyone’s right to possess, who was in possession; a party forcibly and wrongfully dispossessed within two months before the Magistrate received the police report or other information, or after that and before the Magistrate’s order, can be treated as in possession and restored (BNSS section 164). This decides possession, not title, and lasts until a party is evicted in due course of law. In an emergency, or where no party is found in possession, the Magistrate can attach the property until a competent court decides (section 165).
Tenants who do not leave
Under the Transfer of Property Act, 1882, unless a contract, local law or usage says otherwise, a lease for a purpose other than agriculture or manufacturing is month to month and can be ended by 15 days’ written notice (section 106). When a lease ends, the tenant is bound to give possession back (section 108(q)). If the landlord accepts rent or otherwise agrees after the lease has ended, the lease can be treated as renewed (section 116). A rent control law may also apply to some tenancies, and eviction then may have to go through the authority under that law; take advice on which law applies to your building.
Encroachment on government land and lakes
Under the Telangana Land Encroachment Act, 1905, public roads and paths, the beds of rivers, nalas, lakes and tanks, canals, and lands not held by private holders are declared to be the property of the Government, subject to the exceptions and rights listed in that section (section 2). An unauthorised occupier of Government land is liable to pay assessment and a penalty, and can be summarily evicted by the Collector, Tahsildar or Deputy Tahsildar after a show-cause notice (sections 3 to 7). Unauthorised re-entry after eviction is punishable with imprisonment up to six months, or a fine up to Rs 1,000, or both (section 6(3)). An appeal lies within 60 days (sections 10 and 11).
Under the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 as published in the Gazette, entries in the Record of Rights are presumed correct until the contrary is proved or they are amended, and a person aggrieved by an entry as to a right of which they are in possession can sue for a declaration, after which the record is to be amended (sections 11 and 18). The Act comes into force on notified dates, so check the current procedure with the Tahsildar.
Related guides: property disputes, partition of family property, HYDRAA notices and filing a civil suit.
Frequently asked questions
Someone has occupied my plot. How quickly must I act?
If you were dispossessed without your consent and otherwise than in due course of law, a suit for possession under section 6 of the Specific Relief Act must be filed within six months of dispossession; it does not require you to prove title. Separately, a suit based on previous possession must be filed within 12 years of dispossession (Article 64), and a suit based on title within 12 years from when the other person’s possession becomes adverse to you (Article 65).
What happens when the 12-year period runs out?
For a suit on title, the 12 years under Article 65 run from when the other person’s possession becomes adverse to you; whether possession is adverse depends on the facts. Under section 27 of the Limitation Act, when the period for a suit for possession ends, the right to the property is extinguished. The Supreme Court held in Ravinder Kaur Grewal (2019) that once 12 years of adverse possession are complete, even the owner’s right to eject the person in possession is lost.
Can I remove the encroacher myself?
In Rame Gowda v M. Varadappa Naidu, as quoted by the Supreme Court in Poona Ram v Moti Ram (2019), a three-judge bench of the Supreme Court said that where a trespasser is in settled possession, the rightful owner “shall have to take recourse to law; he cannot take the law in his own hands”. Whether possession is settled depends on the facts, so take legal advice before taking any step.
Can I make a police complaint about an encroachment?
Criminal trespass under BNS section 329 covers entering property in another’s possession, or unlawfully remaining there, with intent to commit an offence or to intimidate, insult or annoy the person in possession; it is cognizable, and information about it is to be recorded by the officer in charge (BNSS section 173). Whether an encroachment amounts to criminal trespass depends on the facts. Where a land dispute is likely to cause a breach of the peace, an Executive Magistrate can decide who was in possession under BNSS section 164; that decides possession, not title.
Can the court stop construction on my land while the case is pending?
Under Order XXXIX rule 1 of the Code of Civil Procedure, the court can grant a temporary injunction where the property is in danger of being damaged or alienated, or the defendant threatens to dispossess the plaintiff or cause injury in relation to the property.
My tenant will not vacate. What can I do?
Under the Transfer of Property Act, a month-to-month lease can be ended by 15 days’ written notice (section 106), and on the lease ending the tenant must give possession back (section 108(q)). A rent control law may also apply to some tenancies; take advice on which law applies.
Can a person who has encroached on a lake, nala or other Government land be evicted?
The Telangana Land Encroachment Act, 1905 declares lake and nala beds, among other things, to be Government property, subject to the exceptions in that section, and an unauthorised occupier can be summarily evicted by the Collector, Tahsildar or Deputy Tahsildar after a show-cause notice.
For a discussion about an encroachment or possession matter with Musab Hashmi & Associates, call +91 89771 24916 or send an enquiry. Do not include identity numbers or copies of documents in the first message.
General legal information, not legal advice. Checked on 27 October 2026 against the Specific Relief Act, 1963, the Limitation Act, 1963, the Code of Civil Procedure, 1908, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and its First Schedule, the Transfer of Property Act, 1882, the Telangana Court-Fees and Suits Valuation Act, 1956, the Telangana Land Encroachment Act, 1905, the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 as published in the Gazette, and the Supreme Court judgments in Poona Ram v Moti Ram (official copy) and Ravinder Kaur Grewal v Manjit Kaur. Court pecuniary limits and the police representation chain as confirmed by the advocate on 27 October 2026.