Tenancy
Kunal
(Querist) 19 April 2010
This query is : Resolved
We had a ancestors property. A rgistered partition was done among ourseleves. As my grandpa was serving Indian army a land occupied by tenant was alloted to our branch (as tenancy is not applicable to army persons) under section 43c.
Later my grandpa and tenant made a appeal to Dy Collector where the order was passed to allot 5 acres to the landlord (ie my grandpa). Again being unsatisfied my grandpa and tenant made a appeal to Collector, again the same order was passed by collector. Both of them (tenant and grandpa) were not satisfied by the order hence both approached to High court. The matter was pending there for 10 yrs in a meanwhile my grandpa expiered. In 1993 High court remanded the suit and asked to go to revenue again. The order by high court was passed as ---- "The order is being remanded and the authorities has to decide the share of the landlord considering the actual meets and bounds held by the joint family, also no fresh appeals can be made the appeal has to continue considering the previous one".
After this not even the tenant and us approached the court or revenue authorities. My father was new to this and had no knowledge. In 1997 the tenant made a appeal to Tahasildar. Tahasildar passed the order in favour of tenant.
My father then made a appeal to Collector, but then forceably due to some crisis my father had to compromise and the tenant in writing on a simple piece of paper took the signatures of my father and mutuation entry was passed on 7/12 extract by the name of tenant. Also my grandmas powers were taken (Hakka sod patra) under sectin 32g
Queries are>>
1) Can the matter be reopened - as the high court had passed the order to remand the case and not to file fresh case.
2) High court has just asked the authorities to decide my grandpas share in the property and same to be alloted to the hiers.
3) Has the tenant cheated us or made a fraud - by making a fresh appeal.
4) Tahasildar has over ruled the High court orders --- so can it be squashed if we make a appeal to high court again???
5) Can widows (my grandma) rights be taken by tenant in this matter??
6) Also the land has come in muncilality limits in 1997 - so is the tenancy applicable???
7) My Dad has made a compromise on plain paper is it valid?? No other members of the family has signed the documents (Hiers after my grandpa --- One son (my father), three daughtrs)
R.R. KRISHNAA
(Expert) 19 April 2010
Yes you are right.
The matter can be reopened by high court.
If the tahsildar has passed orders without considering the order of the high court certainly it is flagrant violation of the high court order and it can be set aside. The compromise made by your dad cannot be questioned now because it is very late to prove before the court that the compromise has been made under force or coercion. It is very difficult to prove force or coercioon.
But the ground of not following the high court order itself is sufficient for you to quash the tahsildar order. You approach the high court. Best of luck.
bhagwat patil
(Expert) 20 April 2010
u can open.private compromise without seal of revenue officer is not forcible in btal act.and moreover ur matter is subjudiced.at present doees the tanent is cultivating the land? what 12 of 7/12 shows.does he lives within the perifery or 5 kms of land?does the land has got NA pontential? for details u may call 9422773303
Kunal
(Querist) 20 April 2010
Thanks for your suggestions,
Also please tell me what does the order of high court mean -- property is divided by "meets and bounds". Are we elligible to get only the grandfather share in the property??
Also if we appeal in high court now, then the tahasildars order will be set aside, does this mean the compromise done by my dad and grandmas rights taken will be squashed??
