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Priyank Jalan (Director)     12 January 2013

Land grabbing

A person is my tenant for approximately 40 years. We dont have a proper agreement of his tenancy but he is paying us the rent and electricity and against that I am issuing him the money receipt of our HUF (6 members).

Now since last 18 months he is not paying us the rent and electricity instead depositing it with the court. The dispute is about the increment of the rent. His occupancy is approx 250 sq.ft. shop at the main road and in the same building 200 sq.ft. godown inside the building.

My query is I want the place to vacant and i dont want him to continue his tenancy with the same. How can I take back the possesion of the property which belongs to us for more than 100 years. I have heard that a LAND GRABBING ACT has been passed which allows the owner of the land to have possession irrespective of the tenancy period. Looking forward for your kind suggestion and valuable feedback.



Learning

 7 Replies

Advocate Vishnu (Advocate)     12 January 2013

you have to file a suit for eviction. The govt of TN did pass such a resolution, but I'm not sure if it has been brought into force. Learned members pl enlighten me on this query.

Priyank Jalan (Director)     12 January 2013

Advoate Vishnuji thanks for the reply but this is concerned with the govt of assam... i know filing a case is the way out but i want to know whats my probability of winning the case...

Advocate Vishnu (Advocate)     13 January 2013

You will definitely succeed in your case of eviction - the time frame of your relief depends on the workload of the courts in your state. Pl go ahead and file a suit for eviction at least in the district court so that you obtain early relief.

kaustubh mamgain (student)     13 January 2013

My grand father inherited a property from my great grand father and my father from him in DEHRADUN.After my father  passed away in 2004 ,i acquired that property (1 BIGHA LAND) and the mutation is done on my ,my mothers and my grandmothers name.I am  23 yr old and due to some reason we three want to sell that land.

Now the problem is that my uncle(my grand father broher's son=cousin chacha) has made a boundary wall around our land and whenever i go there to have my possesion,he and his mother does not allow us to enter and take the exact measurement of the land and on the contrary abuses and threatens us.Although he accepts the fact that the land is ours but he always creates problem and tension whenever i go there to ask for my right.He is a government employee himself.His own house is situated at the back side of our land but we are ready to give him the appropriate passage but still he is not agreeing and i also doubt that he has extended his house in our area as well without informing us.

Since i dont know much about all the legal things please help me.

Advocate Vishnu (Advocate)     13 January 2013

do you have all the original title deeds relating to the property..?

kaustubh mamgain (student)     14 January 2013

thanks a lot sir for your reply .......yes sir i have all the original title deeds relating to the property.

Advocate Vishnu (Advocate)     14 January 2013

There are 2 solutions for your issue.

1) you can file a suit for injunction and possession of your property against your uncle .

2) you can make a deal with the prospective buyer and he can negotiate the terms with your uncle. 


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