Owners status
Yashodhan Sharma
(Querist) 19 July 2013
This query is : Resolved
Dear Sir/Madam
Grandfather had family inherited agricultural land in haryana. It was given for cultivation to his uncle's son. Grandfather was doctor & came to mumbai and resided there. that uncle never gave any compensation of cultivation.
Grandfather died in 1979. Father went there but they scared him. Now in 2007 father also expired. All legal heirs were then listed in jamabandi. My 6 aunt's & my 3 sisters names were also included. Now when one aunt relinquished her right in other sisters favour, the cultivator filed declaration & injunction suit in hisar civil court. cultivating Possession is with them.
Some important points :
under order 39 Rule 1 & 2 read with section 151 CPC
section 5 & 8 of punjab tenancy act & punjab occupancy act (Vesting of proprietory right) 1953
punjab occupancy tenant act (Vesting of proprietory right) 1952
value of suit for purposes of court fees & jurisdiction is fixed Rs.200/- & court fees Rs.50/- is affixed on plain t.
declaration suit pending under Shri arvind kumarji bansal, civil judge, hisar for 2-8-2013 for occupancy rights
What should we do ?
Thanks
Yashodhan sharma
Advocate Ravinder
(Expert) 25 August 2013
As per your above description I can understand that it is not declaratory suit and it is only partition suit. In partition suit the plaintiff can pray for declaration of title and separate possession of his share.
And as per Punjab Occupancy tenant Act, the tenant will get 60% (this percentage will differ from state to state) right over the property as he is cultivating the land for a continuous period of time (this will differ from state to state).
Without going through the documents, I cannot give the answer to your query. As these open land disputes are complicated, my advice is to appoint experienced lawyer.
Yashodhan Sharma
(Querist) 06 September 2013
The property is my grandfathers, we are owners, relinquishment deeds are between our family. But the cultivators are children of great grandfather's brother and not from our lineage, hence it should not be partition deed. They were given for cultivation since they were poor, which my grandfather was not able to follow for 1/3 batai hence he came to mumbai as practicing Vaidya (Ayurvedic Doctor), when he once went there for batai collection the cultivators scared him for death, he came back, he was ill and expired in 1979, then my father went there some time but with same threat from them, he also expired by Cancer. We are not following the matter hence request for status whether we are still owners or they had become owners by Punjab occupancy act. Their jamabandi in 1972 shows 1/3 batai upto the last jamabandi in 2010-11.
kindly help.
Thanks for your kind reply.
