Right over agricultural land

Adv Vikramsinh Mohite (Querist) 17 January 2013 This query is : Resolved
Our uncle was doing our agricultural land on batai basis for the last ten years in our village. We live in City. There was no written contract. 2 months back I gave him notice for termination of batai arrangement. Inspite of giving notice he has sowed the crop of jowar in our land. I complained regarding this to Police Station there. PI told me that this is a civil dispute, we cannot take any action. What is the remedy available to us in this case? Is it so? Kindly advise.

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Raj Kumar Makkad (Expert) 18 January 2013
You file an application seeking eviction of your land with the revenue officers/court.

Adv Vikramsinh Mohite (Querist) 18 January 2013
THans Sir,

Can the police provide any protection? Whose side they will take? Our uncle is not having ownership documents.

P. Venu (Expert) 18 January 2013
Possession itself is ownership unless it could be shown/proved to be totally erroneous.

Adv Vikramsinh Mohite (Querist) 26 January 2013
If we go and start doing work there. Will the police take other side complaint?

Kindly advise.

P. Venu (Expert) 26 January 2013
The police have no authority to interfere and/or decide a civil dispute.

Adv Vikramsinh Mohite (Querist) 26 January 2013
Very strange. Suppose I am owning & possessing agri land. And tomorrow some one powerful comes and starts cultivating my land. Don't I have any quick legal remedy? Can't the police evict them?

Experts kindly advise.

prabhakar singh (Expert) 26 January 2013
In such a situation law confers on you right to protect your property.you can seek police help too.Police shall make a case of breach of peace against both of you.May be they would submit a report to magistrate on which a proceeding u/s 145 Cr.P.C may be initiated where in trial would go to decide who of the two rival was in actual possession with in two months before the attachment and dispute.
If this possession case is decided against real owner,he is left with one option to file a regular suit of possession as revision remedy often does not work in such a situation unless some illegality caused in setting the law in motion by police or the magistrate.