Tenancy act 1974
Mohamed Ali
(Querist) 10 August 2019
This query is : Resolved
As Sunni Hanafi Muslim partitition Suit will 11 parties 6 brothers and 5 sisters was decreed in 1962 and still pending in Final decree proceedings, As per decree all the brothers are entitled for 2/17th share and sisters were entitled for 1/17th share in all the suit schedule properties..
As there were numerous properties, wet lands dry land etc, One of the party to suit has given the land for gutta to a person who was cultivating the land, later when tenancy act came in 1974, the cultivator by impleading only the person who had given this land on gutta got tenancy in his name from the Land tribunal with out making other persons as parties..
Question: As all the other 10 decree holders or their legal heirs were not made parties in the Land Tribunal case to award tenancy and the tenancy was awarded to cultivator, Is the tennancy valid for a pendent alent property (for the property which was under dispute in the civil court), now the Tenant is approaching the court to delete the property from the Preliminary decree in the pending final decree proceeding based on the Land tribunal order of tenancy awarded to him ? Court has ordered for enquiry, Is his tennancy is valid ?
How to nullify his tennancy ? or it must be restricted to share of person who had given that family land under suit for gutta.
Thanks
P. Venu
(Expert) 10 August 2019
Any meaningful suggestion could be made only by your advocate. Any how, has the aspect described above had been pleaded in the partition suit esp. by the person who had allegedly granted the tenancy.
Dr J C Vashista
(Expert) 11 August 2019
Consult your lawyer(s) who are well aware about facts and circumstances of the case for proper guidance and proceeding.
If you have lost faith in your lawyer it is better to change him/her immediately.
