vijai Rajesh Kalyana sundaram (Legal officer) 14 November 2010

cultivating tenant

my agricullture land was purchased in the year 1981 in my wife name and left the land to parents (joint family) for agriculture purpose and myself and my wife gone to the other districts on my official duty, we just received the rice packs from them yearly.

now on 2009 while try to sell the land for my personnel use, my brother who is looking after the whole lands filing a suit before the court that iam trying to evade him from the possesion of the land and seeking the injunction regarding this.

Now the case was pending before the Thasildar- it was the written arguements stage -

My issues is -

1. Whether the brothers comes under the cultivating tenant act of tamil nadu?

2. what is the standard limit of the cultivating tenant to cultivate and to posses with his own?

3. can i sell the property in this time?

4.how can take possesion of my property with the legal process?

Sugess me with advance thanks

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 14 November 2010

First of all Tahasildar has no jurisdiction to grant the injunction order. It is not his power, to grant the injunction order powers vest with the civil courts. File a suit for inunction agains your brother as not to obstruct the peaceful enjoyment of the suit property.

(Guest)

Yes,just follow ad.rajeev advise .

J.Balachandran (Self) 14 November 2010

Tahsildar is not a civil judge. He is a Record of Tenancy Officer. So, he is not act as civil judge to grant the injunction order. It is vested with the civil courts.  Please you file a civil suit for recovery of possession against your brother in civil court.  First of all you recover your property from your brother and then you shall sell the property to anyone.

J.Balachandran,Advocate,36-Durga Nagar, Ayyampet-614201,TAMILNADU.

murugesanshanmugavel (non practising lawyer) 06 January 2012

First of all your brother is not a cultivating tenant .see the meaning:"Cultivating tenant means a person who cultivates by his own labour or by that of any other members of his family or by hired labour under his

supervision and control, any land belonging to another under a tenancy agreement, express or implied, but does not include a mere intermediary. " As there is no tenancy agreement between yourself and your brother the claim of being a cultivating tenant under the act fails. Hence the suit for injunction also fails besides the claim being wrongly filed in revenue court which is not empowered to adjudicate in the matter of granting the relief of injunction.