agricultural land cannot be used for constructing wine shop

2) file suit for partition for division of land by metes and bounds

3)in the existing suit take out application for closure of wine shop as it is constructed on agricultural land

From Your query it is not clear on the ownership of the proeprty.

If the land was inherited by you and other siblings including your sister then your sister then she can give this land on rent.

In the context the only remedy is to file a suit for partition and claim accounts of income generating from the property.

Since all the co sharers have equal rights on rent from the wine shop owner you can apply for appointment of Receiver over the proeprty.

1. Who is the owner of the land?

2. It seems from your phraseology that your sister has leased out the land to a wineshop. Now if you want to evict the tenant then a petition for eviction has to be filed on the ground of bona fide personal necessity, which the tenant can contest in the court.

3. An injunction order passed by the court does not stop you from filing an eviction petition.

Dear Sir,

1. If it is really fallen to your share then file your objections in the court stating the same

2. Issue a legal notice to the wine shop owner either to renew his tenancy in your favour as per your terms or vacate the same as it fallen to your share during family partition

3. You can file new case for eviction or take a contention in the pending case.

Your right in the property is joint then only remedy is to file a partition suit against your sister. Also you can ask the share in the rent also.Tenant has no right to challenge landlord's ownership.Also file a petition to evict the tenant in the shop

This would had been perfectly valid in case she would had done this on her land, which needless to say was possible only after the partition of the land.

Approach the Court for vacation of the stay order and get the injunction lifted.

Get yourself impleaded as a party if you are not a party to this suit.

Hello,

Since the wine shop has been constructed on the undivided agricultural land therefore challenge the order of the injunction and request the court to pass an order for closure of the said wine shop. Also, the same is illegal since the same has not been constructed with your permission therefore the injunction order is bad in the eyes of law.

Also, file a suit for partition of the land by metes and bounds.

Contact a local lawyer.

Regards

Hi, it is advisable to file a appeal against the Injuctuon order in the high court , as the land is not partitioned between the siblings

Dear Client,

On what grounds, court granted injunction, also how can wine shop be allowed to open in agriculture land.

Since when shop is exiting and when u question it.

A. Your sister being co owner of agricultural land that she can transfer her portion share through Sale Deed, Gift Deed, Lease Deed, Mortgage Deed to anybody without obtain consent of other co owner. However, when a property was not partitioned between co owner and identification of schedule property or separate individual property by metes and bound that property shall not be involved by one person without made a party in the any agreement with third party which means Wine shop agreement.

B. By virtue of any lease or contract with wineshop executed by your younger sister that agricultural land may have injunction order with in the purview of the possession interruption. Hence, you need to file an objection to vacate the injunction order. Or you can settle the matter by entering into registered Partition Deed after completion of Survey of the land by fixing boundary. By doing so, each and everyone can recognize their respective portion and can do whatever as their wish.

The agricultural property without conversion approval cannot be used for residential or commercial purpose.

Since there are other co-sharers, only one share holder cannot lease it out to a tenant or any third party.

The other co-sharers can file an eviction suit to evict the tenant.

The stay obtained by the wine shop owner can be vacated on the same ground.

You can also file a partition suit besides taking other legal actions as stated above.

File for partition against your sister