What is the solution?
Ramesh
(Querist) 13 March 2013
This query is : Resolved
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family, my Grand Father had given a lease in an an inam land on a permanent basis to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Only an area of Ac7-07 guntas; which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised in a ratio of 60/40 in favour of litigant/ lease holder.The compromise deed is signed by the GPA holder(who he is not authorised; condition to compromise is not written in the GPA).
Please go through the attachment, where in High Court of AP, my Advocate not able to contest the case properly, may be because he don't want...
{As i am not able to attach the file i am posting the same here, please; Issue No.1: What was the extent of the land leased out to Mrs.'k’'s husband?
The appellate authority held that the entire area ad measuring Ac.49.39 guntas was leased out buy late Sri.'B' in favor of late Sri.'N', in old survey No.279.
The appellate authority reached this conclusion after personal inspection of the property in dispute, the examination of original lease deed and the other attendant circumstances like Revenue Records.
The learned consul for the petitioners Sri.'PR', made an attempt to demonstrate that the conclusion reached by the appellate authority is not correct. On the other hand, the learned counsel for the respondents Sri.'SuR' submitted that it is a question of fact decided by the appellate authority, on appreciation of evidence and this court in exercise of its jurisdiction under Article 226 of the Constitution of India , will not sit as an appellate Court, to re-appreciate the evidence and interfere with the finding of the fact rendered by the competent statutory bodies.
I accept the submission made by the learned counsel for the respondent-Sri.'Su R'. It is a settled principle of law that this court will not in exercise of its jurisdiction under Article 226 of the Constitution of India, sit as an appellate Court to re-appreciate the evidence for the purpose of judging the correctness of the finding of fact recorded by an inferior tribunal unless it is demonstrated that the finding is absolutely perverse or based on absolutely no material It is not the case here. There was some material before the collector to reach the conclusion and in reaching the said conclusion; he categorically discussed each and every aspect and the evidence available on record. Merely because an alternative view is possible on the said evidence, this court will not be justified, in my view, in interfering with the finding of the fact.}
my question to ALL EXPERTS of this distinguished forum is:
How, 1) i can win/over come this compromise entered by the GPA holder.
2) i can convince/win courts confidence in establish that the lease holder version is wrong, and my version is right.
Thanking you ALL in advance,with a request for an early reply please.
Devajyoti Barman
(Expert) 13 March 2013
1. The compromise can be disputed only if it is proved that the same was executed under force or coercion.
2. If the condition as mentioned above is proved you can win your case.
All the best.
Ramesh
(Querist) 13 March 2013
Dear Devajyoti Barman Ji,
Thankyou very much for the reply.
