property law

Querist : Anonymous (Querist) 06 December 2010 This query is : Resolved
DEAR SIR
in a DRC suit filed, 20 years ago, by the brother of landlord, the tenant under the influnce of landlord gave affidavit before court that he is licencee of his landlord. the suit was withdrawn by the plaint. Now after 20 years a family partition made after a long legal bettle between the landlord and his brother's heir. The tenancy property falls in share of heir of brother of landlord. They file "a suit for possession" on ground of 20 years old defence taken by the tenant as now the licencee has expired so evict him.
my questions are
1-Whether such old statement in a undecided suit having any relevancy? more so doctorine of privity of contract.
2- present partition was made after compromise final order of court but no regd. was made or the court duty was paid to get the final decree of court by the parties. whether it justify the partition.
3- what is the relevancy of present statement of legal heir of old landlord if they confirmed the status of tenancy of tenant by regular given rent receipts.
4- whether the title of the suit "suit for possession" itself not describe that it is not the case of demand of land demanded on licencee issue.
5- whose on whom burden lie to prove the licencee in reality when no licencee deed at all

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JT Rajasuriya, Chennai (Expert) 07 December 2010
Such complicated issues as these posted for genereal opinion?
Kindly consult a legal expert as various documents will have to be perused and other work done to get results.

s.subramanian (Expert) 07 December 2010
1. No. It may be taken as an admission in pleadings under Sec.17 of the Indian Evidence ACt. But you have the legal right to explain it away by stating the circumstance in which you were compelled to make the same.
2.Registration is only a formality. Final Decree is valid.
3.You can claim tenancy.
4.you can plead that the civil suit is not maintainable since you are a tenant entitled to the protection of the tenancy laws.
5.It is certainly on the plaintiff.

Khaleel Ahmed Mohammed (Expert) 07 December 2010
I agree with Mr.subramanian.

Kirti Kar Tripathi (Expert) 07 December 2010
i also.

Raj Kumar Makkad (Expert) 07 December 2010
1. The statement made in the previous suit whether it was finally decided or not bounds the person who made such statement, if the same was made wilfully on the same subject matter.

2. Family settlement does not require necessarily registration and it is exempted from even stamps hence such partition/settlement is valid.

3. Such certification by the legal heirs of previous landlord is sufficient to establish a valid tenancy and it is purely admissible even without having any formal Rent-Deed or Tenancy Deed etc.

4. Suit for possession is also valid in the circumstances where licensee failed to evict the property on expiry of the period of license. There is no illegality therein.

5. Who so ever asserts must prove hence it is the person who pleads that the tenants are licensees then he has to prove it. There is no need of having formal Rent-deed. It can be proved by way of all available evidence like rent receipts, statement of tenant in the previous suit etc.

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