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Residential land agreement breaking

(Querist) 14 October 2011 This query is : Resolved 
Sir,
My father has got 1 acre of land in his home town Kurinjipadi. One year back one person from Kurinjipadi has taken a agreement from my father for three years on rental basis.But he has not paid any rent towards the same for the last one and half years. NOw we are planning to sell the property to another party. But as per agreement still one and half years is there pending. That person is not paying rent also and not giving the agreement papers also after our many requests for the papers.what could be done from our side legally.Kindly guide me.
Thanks in advance.
niranjan (Expert) 14 October 2011
Pl.enquire in Tenancy Act applicable in your State,under that Act there should be a provision to evict tenant of agriculture land.
Arun Kumar Bhagat (Expert) 14 October 2011
Let him file suit. You mention it in sale deed. If the buyer is ready then go ahead.
Raj Kumar Makkad (Expert) 14 October 2011
As the tenant has violated the terms of agreement, issue him notice intimating the end of tenancy and accordingly demand vacant possession of land on expiry of notice period failing which file a petition with collector of your area under Tamilnadu Tenancy Act.
jatin sharma (Expert) 14 October 2011
yes, raj sir is right.
Prakash Langalia (Expert) 14 October 2011
There are provisions in local agriculture laws you can give eviction notice and file suit before collector but according to my experience that will take long time so you can apply to LOKADALAT as prelitigation case to resolve dispute.
prabhakar singh (Expert) 15 October 2011
IF you have buyer just sale it.
Sri Vijayan.A (Expert) 16 October 2011
1. Follow the advocacy of Sri.Makkad
2. If you have buyer, intimate him about the rental matter, notice, suit, etc
3. In the sale deed, mention this fact.
4. You will not be in any trouble.


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