Eviction of tenant
Vijaya Laxmi
(Querist) 05 December 2013
This query is : Resolved
Sir,
I am Laxmi from Vijayawada, andhra pradesh. I have two brothers, elder and younger. My brothers gave me 98 cents agriculture land as a GIFT during my marriage in 1981 which is my fathers wish before his death in 1978. My husband got job and we are far away from native place. My elder brother maintained my land these 30 years and gave it to my cousin (brother) as a tenant in 1998 without my knowledge. Now we returned after retirement and we asked to handover my land so as i want to cultivate. My brother and Tenant (cousin) are asking 10 cents because he has done 15 years as tenant continously. How can i give it. I have only 98 cents and a 3.5 cents flat. No other properties i own. Do any rules exists in favor of me.
ABDUL RAZIQUE
(Expert) 05 December 2013
Vijay laxmi ji for your concern i quote here some lines from implementation of land in Andhra Pradesh (Government of India
Planning Commission New Delhi August, 1966)
At present, tenancies are regulated under separate laws in the two regions of Andhra
Pradesh, namely, the Telangana area and the Andhra area. The legislation applicable to Telangana
area (the Hyderabad Tenancy and Agricultural Lands Act) provides for: —
(1) fixation of rent at 1 /4th of the gross produce for irrigated lands, other than well irrigated
lands and 1 /5th in other cases or 3 to 5 times the land revenue (according to class of soil),whichever is less;
(2) fixity of tenure for protected tenants subject to landlord's right to resume land for personal
cultivation up to 3 family holdings. The tenant, however, is to retain generally a basic
holding or half of his land whichever is less;
(3) an optional right of purchase of ownership of non-resumable lands for protected tenants.
This right is subject to the condition that a protected tenant could not purchase more than
one family holding and that the land owner is left with two family holdings (a family
holding varies from 4 to 60 acres). In addition the law provides for suo motu action for
transfer of ownership to protected tenants.
The legislation obtaining in Andhra area (the Andhra Tenancy Act) is of an interim nature. It
provides for stay of ejectments and fixation of rent at 50 per cent of the gross produce for irrigated
lands, 28.1/3 per cent for lands irrigated by baling and 45 per cent for dry lands.
It is better for you Contact Local lawyer.
Raj Kumar Makkad
(Expert) 05 December 2013
File a suit for eviction by engaging a local lawyer. You are not obliged to give any share out of your land rather you are entitled to charge the tenancy for last 3 years.
Vijaya Laxmi
(Querist) 06 December 2013
Thanks for your replies Abdul Ji and Raj kumar Ji. I am looking forward to take action with your provided info.
Rajendra K Goyal
(Expert) 06 December 2013
Try for some amicable solution at present. If not possible, contact local lawyer and discuss whole case with him and take necessary action.
malipeddi jaggarao
(Expert) 07 December 2013
It is the practice in many areas of Coastal Andhra to share some part of the agricultural land which was under tenancy with the tenants/holders at the time of asking possession back. Law is different and local practice is different here. Better settle the matter amicably involving the village elders otherwise it will take lot of time to settle the matter in you/they rush to court of law.
ABDUL RAZIQUE
(Expert) 07 December 2013
I endorse words of Jaggarao Ji. Nothing more to add.
Surrender K Singal
(Expert) 07 December 2013
You are not obliged to give any share out of your land rather you are entitled to charge for the tenancy. There is a land mark judgement of Hon'ble Supreme Court (Js. Dalbir Bhandari) in your favour for similar facts
Vijaya Laxmi
(Querist) 07 December 2013
Thanks for your valuable replies. My brother is rich and also acquired all my fathers assets. He is district level officer. He has good reputation in our area. Now he wants to buy my 98 cent land because it has good market value. Thats why joining with tenant he is playing politics. Tenant laid a hut in our agriculture land around 2007. we dont know it. Now in 2013 after my husband retirement we returned and asked to remove hut. He asked time and at the end of december 2013 he removes his hut. We cultivated our land this rabbi. now its harvesting. I have paid all taxes. Local leaders are also playing politics. Tenant should inform me before he lays the hut. Otherwise it is tenancy voilation. is'nt it.
ajay sethi
(Expert) 07 December 2013
you are not obliged to sell your land to your brother . you have taken right step in personally cultivating said land .
Vijaya Laxmi
(Querist) 06 January 2014
Sir,
Tenant and my own brother (who maintained these 30 years when we are far) have asked eight months from May to december 31st to remove the hut from my agriculture land. They gave written agreement on white paper. Now Jan 1st i asked about the removal of hut. They are asking another month. What shall i do. I already cultivated Khariff and now started rabbi. Usually according to LAW 4 month notice period is enough. I gave extra 4 months. Now they are asking another month. This may continue further... May be they are intended to not evict..
1. Shall i agree, if so shall i take written agreement on bond paper
2. If i contact local elders like president of gram panchayat, they are of other community. so all are going to turn against me because of caste feeling.
3. If i dont agree what are the step should i take?
I am desperate. Help me Sir/Madam
Vijaya Laxmi
(Querist) 06 January 2014
I am from Andhra region.
Surrender K Singal
(Expert) 06 January 2014
Let your local lawyer refer to 2012(3) SCALE 550 in the case of Maria M S Fernandes vs Erasmo J D Sequeria which is almost similar to your facts
Vijaya Laxmi
(Querist) 06 January 2014
Thanks surrender Ji. I went through so said case. It helps in my case
ABDUL RAZIQUE
(Expert) 06 January 2014
Welcome Vijay Laxmi, HAPPY NEW YEAR
