Tennancy..
Mohamed Ali
(Querist) 06 September 2009
This query is : Resolved
Dear all
our partition suit is decreed in 1960 in name of 10 decree holders,The suit is still pending in final decree proceedings, It has revenue lands in many survey numbers all types of lands like wet lands dry lands etc.
Meanwhile around 4 acres land in two survey numbers has been given on Bhogim(lease) to one farmer by one of the decree holder with out knowledge of other 9 decree holders during pendency of suit, this land has went into tennancy as per tennancy act of 1974, But the tennant who was ploughing the land died and he has no heirs, now his brothers children claiming to be tennants and also has filed an objection in pending final decree proceedings that they are the tennants and also they have thru some wrong means have made some papers to show as tennants.
My questions
1)whether land can go in tenancy even though that land is a part of pending civil proceedings which is decreed in year 1960. whether tenancy holds good if suit is pending for that land and it has been given on lease only by one of the decree holder with out knowledge of other decree holders during pendency of suit.
2) if the original tennant dies with no heirs, than that land will be of orginal land owners who were there prior tenancy.
s.subramanian
(Expert) 29 August 2010
1. NO. You can prevent it by asking for injunction.
2. Tenancy wil end.
