Proprietory rights
Inderpal Singh
(Querist) 07 August 2013
This query is : Resolved
Sir
we were landlords and our land was given to tenants under pepsu tenancy act 1955 as the tenants acquired proprietory rights.A tenant applied for P rights from my uncle in 1964 and was granted sale certificate in June 1964 as he paid the first instalment of compensation.As per law he has to pay the balance compensation amount in six yearly instalments (maximun) which he did not pay in time. He paid the instalment in June 1974 which was not in our knowledge.He has been cultivating the land as tenant without paying anything.My uncle eloped and in the year my father filed a suit for his propety and the property was decreed in his name in 2005 after a suit against General public and others was decreed. I inherited the said property after the demise of my father in 2007. Now this tenant has filed a declatory civil suit in court of law on the basis of P rights.My request is please tell me the case law regarding section 47 of Pepsu Tenancy Act 1955 which has barred jurisdiction of such lands from civil courts. also what course should I take to tackle this case.
Regards
Inderpal Singh
Devajyoti Barman
(Expert) 15 August 2013
If you have a got a decree in your favour then put the decree in execution.
Take help of local lawyer as the Act has its local presence.