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Rk.L.narasiman Lakshmi   28 June 2021

agricultural tenant rights

Can a legal heirs of a deceased agricultural tenant, claim rights on the land owner's property.


Learning

 1 Replies

Nirali Nayak   30 June 2021

Hello sir, greetings of the day.
As per your query, yes, the legal heir of a deceased agricultural tenant can claim rights on the land owner's property. In Shri Hanmant Jaisingh Ahirekar vs Shri.Baburao R. Ahirekar 2019, the Bombay High Court granted relief to the legal heir of the tenant by quashing an order passed by the Maharashtra Revenue Tribunal (MRT) that had refused possession of agricultural land to the tenant. While hearing the matter, N.J. Jamadar, a single judge bench held that, “MRT was not justified in recording the findings on the basis of a lame claim of voluntary surrender of the suit lands by the original owner, not with anything more.  The Bombay High Court quashed the order passed by the MRT and held, “I am conscious of the time-lag. However, in view of the perfunctory way in which the MRT has given its order, there is no other go but to remit the matter back to MRT for fresh consideration.” 
Other case laws that you can refer to are:
Rakesh Jain vs Suresh Kumar Kohli And Anr. on 5 December, 2013
S.A. Wali Quadri vs Sadar Anjuman-E-Islamia on 10 March, 2000
Shanti Prashad Jain (D) Thr.Lrs vs Prakash Narain Mathur on 15 April, 2009
The Vaish Coop. Adarsha Bank Ltd. vs Sudhir Kumar Jain & Ors. on 29 October, 2010
Lrs.Of Tribhuvan Datt vs Jai Narayan on 23 July, 2009 
Hope this solves your query.
Regards
Nirali Nayak
Law Student


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