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Agricultural land owner's status

(Querist) 01 August 2013 This query is : Resolved 
Dear Sir/Madam
Grandfather had family inherited agricultural land in haryana. It was given for cultivation to his uncle's son. Grandfather was doctor & came to mumbai and resided there. that uncle never gave any compensation of cultivation.

Grandfather died in 1979. Father went there but they scared him. Now in 2007 father also expired. All legal heirs were then listed in jamabandi. My 6 aunt's & my 3 sisters names were also included. Now when one aunt relinquished her right in other sisters favour, the cultivator filed declaration & injunction suit in hisar civil court. cultivating Possession is with them.

Some important points :
under order 39 Rule 1 & 2 read with section 151 CPC
section 5 & 8 of punjab tenancy act & punjab occupancy act (Vesting of proprietory right) 1953

punjab occupancy tenant act (Vesting of proprietory right) 1952

value of suit for purposes of court fees & jurisdiction is fixed Rs.200/- & court fees Rs.50/- is affixed on plain t.

declaration suit pending under Shri arvind kumarji bansal, civil judge, hisar for 2-8-2013 for occupancy rights

party had also complained to SPO that my alive aunt is dead by producing fake certificate from Panda from Haridwar whereas my aunt is alive.

What should we do ?

Thanks
Yashodhan sharma
Devajyoti Barman (Expert) 15 August 2013
The denfendnant can raise any issue they wish. Why are you so bothered if the facts in your plaint are correct.
Go for trial of the suit.
prabhakar singh (Expert) 15 August 2013
You need to visit personally to a senior revenue lawyer practicing in HISAR to contest the case on merit.

They have been using property since long,so naturally they shall not leave so easily.


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