Hello Sir
Person ‘A’ is in possession of land belongs to owner ‘B’. ‘A’ gave ‘B’ paddy for two years.(2006 and 2007) B is the title owner with patta and land tax is paid by B only.Few years back father of ‘A’ was legal tenant and he filled case for termination of tenancy and accordingly Spl.Collector issued orders for deletion but the revenue authority had not deleted from the record of tenancy. After some years without any tenancy agreement his son was doing agriculture on oral understanding and had given paddy to father of land owner ‘B’. After the demise of previous title owner,’ B’ became the title owner and got paddy for two years and subsequently paddy not given by A. Reason as follows.
The person ‘A’ converted the land of B along with other lands of A as plots and roads and submitted the plans for conversion of land. Corporation also regularized the land with necessary orders. All the land owners in the layout had gifted land for roads with due registered documents except the road in the land of B. B was not aware of this conversion of land. Facts came to know thro RTI act. Then complaint given to Land grab Cell, stating that fabricated and fraudulent document submitted to registration dept as our agri. Land as plots and roads without our consent. But our complaint turned down and suggested to seek remedy in civil court. Then notice sent to corporation and Local planning authority to cancel regularization order, since owner had not given consent for conversion of land as plots and roads. Taken into account our land as plots and roads neighbor had sought permission for apartment construction and few had got permission for house construction.Also all the plots in the layout belongs to ‘A’ are sold out citing the approval. After availing these benefits the person ‘A’ is doing agriculture from 2012 in our portion of land alone and filed suit and injunction as not to disturb cultivation. In suit he says that he has been doing cultivation only all along these years and as per law needs compensation and not converted our land as plots roads.
In our counter filed we had enclosed many plots sale deeds copy as a proof of conversion of land with layout sketches and also quoted all corporation orders and Local planning orders.
For compromise also moved.thro mediators but not yielding positive result.All Govt authorities are favourable to him.
1.Now we are ready to hand over the land for road use but the corporation is not ready to accept pointing the court case though they are not party to the case.
2.Conversion of land is a big process and once it is accepted as layouts by corporation and local planning authority , how can it be used again for agricultural activity in our portion of land alone
3.Tenancy right seizes once the land is utilized for some other purposes and rent is not paid for 3 years continuously.
4.My lawyer says now, recovery suit not possible since he has admitted us as title owner. Entrusted land utilized for personal benefits is nothing but breach of trust
5.what is the way out to take possession of land?
