LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

LOKANATHAM   27 November 2023

Landlord given lease rent but there is no lands in revenue records

landlord given lease paid for rent but leased person did not pay, landlord on grounds court attached leased person house and lands in 1964. After 2022 leased persons identified there are no lands in revenue records. Now whether the tenant’s recovered his house and lands.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     27 November 2023

It is not understood that whether the tenant has got the leased out property attached through a court order or whether the landlord got it attached?

If the landlord has a registered title document on his name, then it is established that he has got clear and markteable title on his name, if so what is your query?

LOKANATHAM   27 November 2023

landlord had a 1953 registered title document showing paimash Nos or suvery Nos, there is NO Revenue Records. only for fradulent registered document. 

in this fradulent registered document based on landloard though court attached to the leased person patta lands and houses in 1964.

Now he got information through RTI Act reocords given by Mandal Revenue Officer, in such a registere title document showing paimash Nos or Survery Nos there is No any lands.

whether the leased person recovered his house and lands?

If YES means How to filing suit and prayer?

If No means Why not to recovery of property?

request to all any one this case solution.
 

Dr. J C Vashista (Advocate )     28 November 2023

Show relevant documents to a local prudent lawyer since the facts involve multi legal issues.

Mark Rodriguez   28 November 2023

From the information provided, it appears that there was a legal issue regarding the attachment of the tenant's house and land in 1964. If the lessor determines in 2022 that there is no land registered in the records revenue records, which may raise questions about the legality of the court's attachment order.

Here are some points to consider:

Validity of attached documents:
Verify the validity of the 1964 court attachment order. If the court attaches assets based on inaccurate information or if there are procedural errors, it could affect the legality of the attachment.

Land records:
Check current and historical land records to confirm ownership status. If no land is registered in the tenant's name, it may indicate the attachment is invalid or there is an error in identifying the property.

Legal recourse:
If it is determined that the attachment was inappropriate or based on inaccurate information, the tenant may have legal grounds to request release of their property. Consult with a legal professional to understand the options available and the appropriate legal steps to take.

Statute:
Legal actions often have a statute of limitations, meaning there is a specific time frame within which to bring a legal claim. The time period from 1964 to 2022 is significant and the statute of limitations may affect the ability to challenge attachments.

Document:
Gather all relevant documents, including court orders, lease agreements, and any communications between the parties. This document will be important in evaluating the legal aspects of the case.

Hopefully the materials I provide can help you solve your problem so you can have time to play merge fruit with your loved ones.

P. Venu (Advocate)     28 November 2023

The posting lack clarity and too disjointed.

Why the attachment? If in a judicial proceeding, how the matter was disposed off? 

Why and how the leessor has woken up after 60 years?

 

Sankalp Tiwari   15 December 2024

Good Afternon,

Attachment of a property by the court means that the property is being secured to satisfy a legal claim or judgment. Attachment does not imply a change in ownership of the property; it still belongs to the original owner, but he cannot sell or transfer it. However, since this attachment occurred decades ago, the prolonged inaction opens up many possibilities that may affect the status of the property today.

The absence of the property in the revenue records is a critical issue. It might have been transferred or sold in the intervening years. Such could have even been through fraudulent means. Errors in the maintenance of the revenue records could have resulted in the omission of this particular property. It is also important to reflect that the person might have come and taken possession of it and later claimed ownership. The reason is that with adverse possession, a man can obtain legal ownership even if he occupies the piece of land for a long duration without any form of objection against him.

To this point, tenants or their representative lawyers have to dig seriously. This would gather all historical records about the property, from the original attachment order to earlier years' revenue records and all evidence of subsequent transactions or changes to the property status. Where the omission occurred due to fraud or other unauthorised action, legal recourse can be taken to have the records rectified and re-establish ownership. Coordination with the local revenue authorities will be important to find out the truth behind the disappearance of the property from the records.

Another major concern is the question of limitation. Under the Limitation Act, claims must generally be brought within a certain time frame. As long as it is a period since 1964, then it might argue that the claim is time-barred on the other side. On fraud, however, the limitation period can be extended by law because fraud is a circumstance of special nature.

In the end, this will depend on the kind of evidence they can come up with and how convincingly they can argue the case in court. Principles of equity and fairness, however, may be brought into consideration by the courts, but time is a decisive factor. The tenants need to act promptly to defend their rights and establish a sound case based on historical records and any evidence of wrongdoing.

Regards,
Sankalp Tiwari


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register