Lease of agricultural land - vacating

RangaRajan J (Querist) 01 February 2022 This query is : Resolved
Dear Respected Experts,

Brief of Case:
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My Grandma had one-acre agricultural land in our village. She had given a “right to plow” to a person. (it is a lease kind of thing) We can call it as “Lease”. She DID NOT give her consent in a written document. It was only an ORAL SETUP. For more than 25 that person is doing agriculture and giving a small amount as “lease payment”. There is no receipt for that.

Two important points to note are that “there was NO written agreement between my Grandma and the person who is doing agricultural work and secondly, there is NO RECEIPT for the Lease payment”. Now we want to sell the land to a third person. Now the person who is doing agricultural work is not accepting the sale even though we are READY to pay him 30% of the sale amount.

My Question:
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1) Kindly advise me as to what to do next to vacate him from the agricultural land?
2) Is there any possibility to vacate him without a prolonged LEGAL BATTLE?

Your reply is highly appreciated.

Thanks in Advance

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Quick Summary

This discussion addresses how to vacate someone from agricultural land where an oral lease agreement has existed for over 25 years without written documentation or receipts. Experts advise that amicable settlement is the preferred route, but if unsuccessful, a civil court case for eviction is necessary. Direct intervention by the Tahsildar or police is generally not possible. The experts also highlight the crucial distinction between a lease and a license, suggesting that if the arrangement can be classified as a license, eviction might be simpler, potentially even with police assistance if the license has been revoked.

kavksatyanarayana (Expert) 01 February 2022
You have to go for an amicable settlement. Otherwise, you have to file a case for eviction from the property by the lessee by consulting a local lawyer.

RangaRajan J (Querist) 01 February 2022
Thank you Expert Mr. Kavksatyanarayana, But amicable settlement is not possible now. Can I approach Thasildhar office for Eviction or Can I approach Police Station to evict him?

kavksatyanarayana (Expert) 02 February 2022
In a court by consulting a local lawyer.

SHIRISH PAWAR, 7738990900 (Expert) 02 February 2022
Hello,

Tahsildar cannot do anything you have to approach civil court against those persons.

P. Venu (Expert) 02 February 2022
No Executive Action (either through the Police or the Tahsildar) is possible. You may explore the possibility of personally cultivating the land for a year or two before attempting to sell.

krishna mohan (Expert) 02 February 2022
You can engage a local lawyer specialized on property matters especially the updated position on agricultural land on the rights of the farmer who is cultivating the land for such a long time, any proof of his payment of land tax, owner of property in the revenue records, putta etc., for right opinion and legal remedy. If both are local, take the help of local elderly people for right mediation so that amicably the issue is settled through ownership control and then sale of property as per governng law. Litigtion will prolog the issue and until then without court oders you can not evict the farmer and without the support of police.

K Rajasekharan (Expert) 02 February 2022
The oral permission to grow crops on your land is to be treated as nothing but a license. If you treat it as a lease, it would be difficult for you to evict them, as there exists a civil law relation between you and them in which police cannot interfere. But in license, it is easier for you to keep them away from entering into the land.

License is just a permission given by the owner of the property and in this case, it is only to grow crops for a specific time but not perpetually. If you have not renewed that permission to cultivate in this year, their entering into the land is unlawful.

License is a permission that ends when it is withdrawn, and the licensee has no right in a license, as the lessee has in a lease. Even police can help you if they are just licensees but not lessees.

My article, which describes the distinctions between a license and a lease, is available at https://lawwatch.in/lease-and-license-marked-differences/

Dr J C Vashista (Expert) 03 February 2022
Very well analysed, opined and advised by experts, I concur.
Be clear with the cultivator, revoke the licence (orally or in writing as agreed) and start cultivating yourself, no need to approach any authority / Court till the lessee continues.
Police has no role till there is some law and order problem.

RangaRajan J (Querist) 04 February 2022
THank you respected Experts Mr. kavksatyanarayana, Mr.SHIRISH PAWAR, Mr.P. Venu, Mr. krishna mohan, Mr. K Rajasekharan, Mr. Dr J C Vashista. Thank you very much

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