Resjudicata
durgadas
(Querist) 04 June 2012
This query is : Resolved
my father purches agriculcharal land from protected tenant by agriment to sale and afedivitin year 1972
tenant agri for obtening nesasari permission and deliver possession to my father
after gating permissin hi make saledeed
but hi cant apply for permission
after two year tenant make application to revanu department for restoration of possession
year 1981 this application is dissmiss in difolt for nonappearance of applicant
my question is. 1) what action taken by my father for sale deed
2) after 32 year dissmisal of sut for restoretion can reopen
Devajyoti Barman
(Expert) 04 June 2012
1.First clarify what do you mean by protected tenant? Mention the right status of the tenant.
2. Very unlikely.
ajay sethi
(Expert) 04 June 2012
what was he doing for 32 years? court will not restore case after 32 years . rest of your query is not clear
niranjan
(Expert) 04 June 2012
Since your father is in possession of land from 1972,he has become tenant of that land and he can apply to the Special Mamlatdar to sell that land to him from the original landlord.Agreement to sell can be termed as assignment of tenancy rights.
MohammedRaffiq Bijapur
(Expert) 04 June 2012
Durgadasji;
the sale deed itself is not enforceable, because the agriculturist with whom ur father has entered into an agreement of sale is a protected tenant and after commencement of Land Reforms Act, land vest with government and the tenant becomes occupant of the land with restricted rights.
The question that the tenant has file application for restoration of his possession indicates that he was not in possession of the land which he was declared as protected tenant. This is also against ur father's interest derived from agreement of sale.
DV Rao Advocates-Hyderabad, (C
(Expert) 05 June 2012
Since your father is in possession of land from 1972,he has become tenant of that land and he can apply to the Special Mamlatdar to sell that land to him from the original landlord. -DVRao Advocates-Hyderabad (Civil & Constitutional), Supreme Court of India. URL: www.dvrao.com
Shashikant V. Patil
(Expert) 05 June 2012
Dear Das,
First of all , protected tenant , can not have right to sell this land as he by law became some special cultivator, who cultivated land since many years on behalf of original landlord. In this case, instead, he could not apply for ownership as per Tenancy law as per this law ,they can become owner of this land by applying to Dist Collector/Tehsildar (Land Tribunal) and after fixation of price paid by tenant , tenants can became owner. But, in this case, protected tenant not followed above procedure , in turn, he, overlooked or neglected with bad ill and sell this land to your father is totally illegal. Even , you stated that there was a sale deed, how it also registered by Sub-registrar is also wrong. If you do wrong, then it is apprehended that, sometimes the said land will be seized by Govt.
