Remedy thro Civil court or Reveue Court
on account of dispute among legal heir case filed in civil court and finally reached compromised settlement in court in 2003 and accordingly decreed.The land acquired as share was in possession with X and was doing agriculture.After getting patta tfr in our favor during 2005 and paid land tax.X gave us paddy as rent after getting decree copy from us for two years from 2005 further stopped paying rent.He said, due to scarcity of water cultivation stopped.Also surrounding layouts were developed.As there was no income after 2007, told him to surrender the land by issuing notice in 2010 and no response to this.Further I came to thro RTI that he had converted our land as plots and roads along with his own land,prepared a layout sketch.Enclosing this layout sketch he had sold many plots of his own and not ours.After getting sale deed copy thro RTI act,gave a complaint to land grab cell.Police enquired and closed the case duly advising me to measure the land thro surveyor and fence it suitably .Also made a remark that life threat stated by me as false and there is no threat from X.But this advice and report not sent to X and hence he didn't permit me enter.Also he erected fencing afterwards around our land.This complaint was given on 10/6/2011 and on 3/11/2011 case closed without filing FIR though he had converted our land as plots and roads without our consent.Sale deed copy submitted as proof of our contention not taken into account.Then sent online petition to IG Chennai to know about the status of complaint as this land is in Tamilnadu.Received reply by online that case closed as petitioner compromised with X and written petition submitted as further action as not needed.But I had not given any petition as such.Then with the copy of this letter and copy of complaint letter and sale deed copy sent to a lawyer for filing writ.Lawyer filed a writ for direction to file FIR against X but without enclosing the letter mentioned about compromise which is false.Judge directed me to approach civil court for remedy.But no mention about the act of X.He had submitted a fabricated doc.showing our land as plots and roads in the sale deed documents.without our permission.
Of late I came to know that our land was regularised by Municipal corporation and Local planning authority also had given permission to a builder for Special building as if a 30' road is as available upto our land.After utilising our land for getting approval from corporation and selling all rightful share of plots of X a suit was filed by X during 2012 .In the suit he had stated that he was doing agriculture only all these years and now standing crop is banana. He has shown old receipt 2 nos signed by land owner father and a copy of summon served to X as tenant when the dispute among legal heirs was before court.He submitted I.A petition for injunction not to enter and for Advocate commision for report to ascertain physical position.Our lawyer in his counter submitted Many sale deed copies Documents showing our land as plots and roads,order copy reference of Municipal corporation for having regularised the layout and LPA order for reference.In spite of this Judge has ordered for advocate commission and our advocate has submitted objection stating that surveyor was not present before commission and right boundary was not shown etc.,..
My question is this:1.Once the land is declared as conversion land doing agriculture in the part of conversion land is permissible as per law?
X father was a tenant as per the record of tenancy in the revenue Dept. But X father filed a case in revenue court during 1972 when he was alive and released himself from tenancy agreement and accordingly Spl deputy collector passed an order stating that name of Father of X may be deleted from the tenancy record but the revenue dept had not incorporated in the record. My petition for deletion had not been considered yet.this is also high lighted in our counter petition
Tenant seeks claim as compensation under tenancy act, and in that case can he file suit in civil court and is it right on the part of civil court to admit such claim?
Noticed served on the corporation&LPA under 80C but no reply from them.But our lawyer has not made them as party to the suit yet.
Shall we file a writ in HC to declare the as conversion land or as wet land (Agriculture land)
Entrusted land converted as plots and roads for self benefits and after making use of our land selling all rightful share of X again doing Agri is an act of breach of trust
Filling possession suit is the right course(As X has admitted us as title owner)