Sugestion required
Vamsikrishna
(Querist) 24 May 2013
This query is : Resolved
sir,
I have taken lease of a farming land for agriculture of 25 acre with cost of 1 lakh rupees for a time period of 3 years.By paying adavance of 25,000/- as sureity for all motors and etc.
In first year i have payed the lease sum in some instalments as 50000/- as crop transfer,for remaining 50000/- i have given a promiser note for some due period and repayed the due as 20000/- to his follower and 30,000/- as bank deposit into his account.This all due to of crop failure in land which is not suitable for farming futher the landlord has not stated this thing for me on investigation with local people they said that already few farmers has left the field due to this reason
In second year it became more drastical and even i cannot pay the lease but as sureity for him i have given a blank cheque with post dated and at the end of the year even crop has not yet retained from the land but he has compelled me to leave the farm due to improper payment of lease i have given him a due date to vacate but unfortunate weather conditions made me not retain the crop from land so on completion of date he has completely destroyed the crop by ploughing it.
Now on the basis of suriety check given to him with a white paper writing that the check has been given only for suriety of lease in presence of his father at my premises.But he filed a complaint against me that i has betrayed him giving a blank cheque for the money i have to give him. he stated that the money was borrowed from him in a cash way to implement the crop but i never taken in this form which is completely false.This has no proof except my sureity check.now what i have do as a farmer i was losed in his land 9 lakh rupees as investment with out gaining a single rupee.Now he disbursed the written paper which i have with check and h\i have not taken the promiser note for him but there is an evidence that i have repayed the loan
please suggest me solution to overcome this problem
V R SHROFF
(Expert) 24 May 2013
Contract is contract. Not knowing the fertility of leased farm is your fault for what u suffered. Settle the matter amicably with help of local imp persons.
ajay sethi
(Expert) 24 May 2013
you ought not have give blank cheque . if he has filed complaint aginst you it is necessary to contact a local lawyer and fight the case
ajay sethi
(Expert) 24 May 2013
it is also necessary to go through the lease deed signed by you for 3 years . you have mentioned that in first year you have paid rs 1 lakh . since you did not pay lease rent for second year of rs 1lakh you have been forced to vacate the land . if it is the contention of lessor that you had borrowed in cash from him he has to prove the allegations .
hence it is necessary that lawyer go through the various documents executed by you to advise you how to deal with the legal problem you are facing now
Vamsikrishna
(Querist) 24 May 2013
if i fail the case what is my position it means to take prison or with the fine
Raj Kumar Makkad
(Expert) 24 May 2013
If you lose the case at trial court, do file its appeal.
