A Muslim partition suit, with 11 members 6 sons and 5 daughters was decree in the year 1954 with each son entitled for 2/17th share and each daughter entitled for 1/17th share as per Mohammedan law in all the suit schedule properties. The case is still pending in Final decree proceedings.
One of decree holders Son had lease one of the suit schedule property to a farmer in the year 1956 after Decree, As tenancy act came in 1974, the farmer claimed to be tenant
even though all the decree holders had not let the land for lease somehow he managed to become a tenant.
Question:
1) The case is still pending in final decree proceedings, now this farmer has filed an application in order 21 rule 97 to delete the items of decree schedule property for which he is claiming tenancy. even though not all decree holders had lease the land to him.But order 21 rule 97 can be raised only in Execution proceedings ?
2)Is the farmers tenancy claim is valid, because the suit is pending from 1948 and it was decree in 1954 and tenancy happened in 1974. Only one of the decree holders sons has let the land for lease to him not all decree holders ?
3) Is he a valid tennant or all the other decree holders must approach Tahsildar and cancel his tennacy claim as the suit is pending from 1948 ? While property is in dispute can any one claim tennacy ?
Thanks
