Tenancy termination
ANIKET
(Querist) 04 April 2016
This query is : Resolved
Hi,
We own an ancestral property which is ad-measuring 8 guntas. The land is a combination of cultivable land of 3 guntas and natural water reservoir (not cultivable) of 5 guntas.
In the 7/12, our neighbor added himself as a tenant (Sadhe Kul) without our knowledge and is using 3 guntas for cutivating flower plants. Also, 25 years back, he constructed a well in the water reservoir without our/Mamlatdar permission.
We had purchased the said plot of land in 1926 from the ancestors of the said tenant with a condition that they can use the water from the reservoir for next 25 years i.e. till (1951).
The tenant has not paid us a single rupee for using our land. Now last month we put up a water pump on this well to use the water, but he forcefully disconnected that and abused us.
Q1. As a landlord what rights we have in such a case under law?
Q2. since majority of the land is non cultivable, can we file an application to the Mamlatdar for removing the tenant?
Q3. Can we claim for the compensation for use of land and destruction of property?
Q4. Can we put a fence?
Q5. should we file a legal suit for tresspassing/damage to our property?
Devajyoti Barman
(Expert) 05 April 2016
1. If the tenant is default of payment of rent then the same is ground for eviction.
2.Yes
3. Yes and the same is also a ground for eviction.
4. yes
5. No trespassing case can be filed against tenant.
Rajendra K Goyal
(Expert) 05 April 2016
Local land law applicable, discuss with local lawyer.
