Tenancy
durgadas
(Querist) 24 June 2012
This query is : Resolved
my father purches agri land in year 1971 from tenat (hydrabad tenancy act 1950 section 38e)
purches prise fixed Rs.21000 tenant make agriment to sale on bond paper `hi got RS.18500
and hand over possession to my father
another condition in agriment is tenat give nesasari permission from Dy.collector for sale deed
after permission hi take balance ammount Rs.1500 and make sale deed
tenant make afedivit on bond paper to the faour of Dy.collector in this afedivit hi aggri after permission hi make sale deed.
but after two year tenat make a application to tahasildar for restoration of possession under section 98 tahsildar forward to Dy. collector
Dy.collector pass order for restoration widaut any enqury to my father
my father appile to tribunal for rivision of Dy.collector dissision. in pandancy tenant expired
his wifi brought on the record as Lrs.
tribunal rimand thise file to trile court for fresh enqury
in year 1980 this case dismiss in difolt for non appearance of applicant applicant(tenant) Lrs.
absent thise day.
from year 1980 possession continue frm my father
My. question is (1) what action taken from my father for owner ship
(2) can Lrs. of tenat make any acton for restoration after 32 years
please advise me. thanks
durgadas
(Querist) 24 June 2012
my father purches agri land in year 1971 from tenat (hydrabad tenancy act 1950 section 38e)
purches prise fixed Rs.21000 tenant make agriment to sale on bond paper `hi got RS.18500
and hand over possession to my father
another condition in agriment is tenat give nesasari permission from Dy.collector for sale deed
after permission hi take balance ammount Rs.1500 and make sale deed
tenant make afedivit on bond paper to the faour of Dy.collector in this afedivit hi aggri after permission hi make sale deed.
but after two year tenat make a application to tahasildar for restoration of possession under section 98 tahsildar forward to Dy. collector
Dy.collector pass order for restoration widaut any enqury to my father
my father appile to tribunal for rivision of Dy.collector dissision. in pandancy tenant expired
his wifi brought on the record as Lrs.
tribunal rimand thise file to trile court for fresh enqury
in year 1980 this case dismiss in difolt for non appearance of applicant applicant(tenant) Lrs.
absent thise day.
from year 1980 possession continue frm my father
My. question is (1) what action taken from my father for owner ship
(2) can Lrs. of tenat make any acton for restoration after 32 years
please advise me. thanks
M/s. Y-not legal services
(Expert) 24 June 2012
your stated formalities is totally differ from tamilnadu.
" my father purches agri land in year 1971 from tenat ".. its confusing., cos how a tenant can sale any property?
even if your father purchased the property from a lawful person mean he is the absolute owner of the subject property.
even just consult your local advocate along with relevant documents.
-y.not legal services-
ajay sethi
(Expert) 24 June 2012
if your father had purchased the land from tenant , paid consideration anfg agreement was duly executed he would be the new tenant of said property . you have stated that permission was also granted by dy collector for transfer of tenancy rights .
subseqnt application made for restoration of tenancy has been dismissed for defualt in 1980 .
after 32 years LRs canmake application for restoration but they would have to convince the court why delay of 32 years?
