Lessee in illegal possession after expiry of lease period
Priya Ranjan
(Querist) 13 July 2018
This query is : Open
Dear Experts,
Kindly help me in the below case. I would like to know the possibility to succeed in this case as my uncle "X" got cheated by others.
“X” having an agricultural land in AP and given it for 25 years lease to “Y”, effective from Oct-1993, for a fixed lease consideration of Rs.25,000/-. The same was executed on an unregistered non judicial stamp paper.
In the year 2007, “X” lost all his original property documents and complained to local police and “X” having search certificate/endorsement from police. The same thing “X” conveyed to “Y” and requested for new agreement with him. “Y” promised to “X” that no need of any new agreement and he will handover property after completion of 25 years (i.e. on Oct-2018). By trusting “Y” promise “X” kept quite till now.
Now it is shock to “X” that “Y” got illegal revenue mutation of property without having registered sale deed (title deed) and denied to handover lease property to “X” saying that the same property belongs him since he is in adverse possession more than 12 years (which is part of lease period).
Now, what is the remedies “X” having to get back his property from “Y”?
What is the way to file a case on “Y” for breach of trust, mischief and cheating?
