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Meg Nath Sharma
(Querist) 31 January 2014
This query is : Resolved
Dear sir,
I was allotted 2 acres of land by the forest department in the year 1975 for growing cardamom in annual rent.The lease agreement was for 10 years.After the expiry of the lease period i continued to pay the rents to the department and they accepted the rents.In the year 1994 the Department forcefully fenced the boundary of the said plot of land. I have constructed a house and a cowshed amongst others.I went to the Hon'ble High Court of Sikkim as the matters pertains to the State of Sikkim. High Court granted injunction. Thereafter the Department removed the fences and paid me Rs. 12000/- as a damages.Again the Department sometimes in the month of December, 2013 fenced the same plot. I am in possession of the said plot for last 39 years. Kindly suggest me what suit (nature of suit)i should file to get full possession of the said plot of land?
Thankyou
MN Dhungel
dr g balakrishnan
(Expert) 01 February 2014
Limitation Act operates. so high court gave you an injunction though you are also not fully right. so it need to be resolved by application of forest Act and Rules in 1975 and Art 14 based perceptions and judgements by Apex court had given on forest lands that will be 'stare decis' that need to be fully assessed and Art 141 comes into play yes you have to depend on various citations as there is no clear cut adverse possession law on forest lands, as you went on paying your lease amounts not innocently whatever you may say but all these aspects need to be weighed in the suit may be it be followed by certiorary possible!
dr g balakrishnan
(Expert) 01 February 2014
u say 39 years u possess the land. 30 years limitation you have completed but fencing mechanics is forest department attempts to break that rule. it cannot be easy as they had accepted your payments of lease amounts all these 39 years. chances to succeed is there for lease rights even if not you can claim compete fully possession as a land lord! Any way it is big litigation between both of you!
Shashikant V. Patil
(Expert) 01 February 2014
The legal position of the said land is firstly it being a forest land. Secondly it is being given on a lease to you for 10 yrs. After 10 yrs, ownership reverted to Forest only, even after you pay the rent is not a legal in absence of its renewal or a fresh lease agreement.
T. Kalaiselvan, Advocate
(Expert) 04 February 2014
In my opinion, the forest land will not attract the provisions of law governing adverse possession. The rent collected by forest department beyond lease period should not prejudiced and claiming ownership on that basis will not be legally valid. However you can file a suit for declaration and mandatory injunction.
Advocate. Arunagiri
(Expert) 04 February 2014
I agree with Adv.Kalaiselvan. The govt land will not attract the provisions of adverse possession.
You can get a direction from the court, for a peaceful occupation, till the tenancy is terminated in accordance with law.
Meg Nath Sharma
(Querist) 09 February 2014
Thank you so much all especially T. Kalaiselvan, Advocate & Arunagiri sir f or suggestion.
Sir kindly tell me what suit should i filed with mandatory injuction. I am planning to file it before the Civil Judge. but what suit should i file.
Hope for your promt reply
Thank you
MN Dhungel
