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Jaimin Vora (Lawyer)     19 November 2010

Farmer is not a trespasser

Anyone can help me to give some citation or law describing that "farmer is not a trespasser"



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 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     19 November 2010

please find attached copy of judgement on the subject, if not relevant provide more details


Attached File : 7 7 mirza mahboob ali baig aslam vs union of india uoi on 8 december 1994.pdf downloaded: 183 times

Jaimin Vora (Lawyer)     19 November 2010

in this case :

petition filed by a farmer, and ask for interim injunction.

opponent fight that interim injunction is not given to a trespasser,

petitioner is not a trespasser his a farmer on that land.

court ask to petitioner to show a citation that describe that farmer is not a trespasser

Vinoba (Advocate)     19 November 2010

Hello

Just verify whether your state is having any special enactment with regard to tenancy.  For example, Tamilnadu Cultivating tenants protection Act, Pondicherry cultivating tenants protection Act, etc.  If your state is having any laws similar to this, then a cultivating tenant is having every right to file a suit for injunction to save his possession and he cannot be termed as trespasser.

L. Vinoba,

Advocate,

Pondicherry.


(Guest)

very well said.  Thnks for posting the case law.  It is much help ful sir.


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