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(The legal provisions, case laws and link to an a related LCI article)
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17 January 2013
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.
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?
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.