Agreement of Land Purchase,

Respected Professional, I entered into agreement for purchase a land. Seller of land has power of attorney. He provides me copy of GENERAL power of attorney & Sale deed (Registered deed for purchase) and I paid advance amount i.e 10% of Land value. I prepared Agreement of purchase where, inter alia, it is written that (1) i shall registered the land in my name within 20 days of preparation of agreement. (2) if there is any dispute in land then seller will clear the dispute otherwise return the advance in 10 days. Later on, It is found that such land is shown NO RECORD FOUND in LR & RS record. but in Khatian, same is recorded as ROAD in the name of other person. I didn't go for registration (30 days already expired) because in khatian, name is recorded in other person & in RS-LR plot information, no record for such land is found. I contacted to seller (person having attorney) for refund but he is not ready to admit that land is under any dispute & straight way REFUSED TO PAY MY ADVANCE MONEY. (LAND= BALLY, WEST BENGAL) Please advice me what are the legal step that i can to do against him for refund my money & want to file a legal suit for cheating. Thanks in Advance, Sachin Singh