Kul kayda
uttam
(Querist) 11 March 2013
This query is : Resolved
i have land in form of kul kayda ( i am kul ) .the land comes in muncipal area .
due to high rate in this area the owner wants to get it .
can owner force us by law to seprate in form of 60:40 land division . what care i should take to make my side more strong .
ajay sethi
(Expert) 11 March 2013
After independanve various land reform acts were enacted for equitable distribution of the land and accordingly Bombay Tenancy and Agricultural Land Act 1948 is one of them. The objective of the act is "land to the tillers". Those persons who are lawfully cultivating the land of the others are considered as a deemed tenant under the act. The said act declared 1 april 1957 as a tillers day and persons who are tenant or cultivating the land of others on 1 april 1957 (tillers day)are deemed to have purchased land . The said provision is incorported unedr sec 32G of the act
dont bow down to the pressure tactics of ex owners of said land
Raj Kumar Makkad
(Expert) 12 March 2013
If your possession over the land being kul or kul kayda land is for more than 30 years, file a civil suit for ownership rather to bow to the demand of the owner. You cannot be got evicted as you are kul.
uttam
(Querist) 12 March 2013
my father have tried for that , but during valuation muncipal carporation says that 32G is not applicable in muncipal area so what should i do .
how should i make my side more strong
Raj Kumar Makkad
(Expert) 12 March 2013
You need to contact with local lawyer by bring the earlier suit or its judgment or the correspondence or what ever material you are possessing so that an appropriate suggestion may be given.
uttam
(Querist) 12 March 2013
opposition is big party , and the lawyer we contacted is also a big lowyer ,but his intension is for making deal with opposition ,so i am surching new lawyer who will think for us , thanks for you kind answers
ajay sethi
(Expert) 12 March 2013
thanks for your appreciation
Raj Kumar Makkad
(Expert) 12 March 2013
You should change your lawyer as soon as possible so that you may get justice in the given facts. You are always welcome to seek further advice on the subject.
bhagwat patil
(Expert) 20 March 2013
Mr Uttam though 32G of BTAL act ie kulkayda is not applicable within the muncipal area,nobody can evacuate you from the land.You may not get the ownership and title of the land by vertue of 32G.you can remain as an agricultural tenant forever.pl. Contact.
uttam
(Querist) 30 September 2013
while reading the bombay tenacy act i gon through the sec 88-1-b which says the tenancy act is not applicable in muncipal area .
also i have gone through the cases
1. Sidram Narsappa Kamble vs Sholapur Borough Muncipality & ... on 27 August, 1965 - supreme court
2. Nilesh Construction Company And ... vs Gangubai And Ors. on 26 April, 1982
-- bombay high court
which says that bombay tenency act is not applicable in munciplal area.
what should i do?
