Amit Singh Sandhu
Asked February 15, 2017

Getting Leased land back

  • 1 Answer
  • 304 Views

I have my maternal grandfather's property located in maharashtra which is leased on 14th Jan 1961 for 99 year at rent of Rs. 600 PA. Later tenant forged leased document and changed area of land & illegally encroached beside land which also belongs to owner. For this matter owner fought legal suit in Ad-hoc district court & won the case in 1986 later lessee filed another suit in session court challenging lessor's judgement. This case was won by the occupant. In present scenario the lease has completed 56 years & another 43 years of term is remaining for completion of 99 yrs, as of today my grandfather died a month ago but has written a registered will in which he has mentioned ownership goes to three people i.e. two of his son & third one is me (Owner's daughter's son). So in present scenario what is the possibility that I can ask legally the lessee to vacate the land? If at all I get into legal battle for getting leased land back then how long will it take to get a tentative judgement?

Answer 1

There are two steps to be followed so that you can receive your share of the land as soon as possible:

  • Firstly, you need to recover the encroached land from the occupier. For this you may appeal to a higher bench of sessions court or to the High Court, as the case may be.
  • Secondly, you require the occupier to vacate the leased land, for immediate acquisition of your share. For this purpose you may take help of S. 111(h) of the Transfer of Property Act, 1882 [1](referred to as the TP Act herein) whereby you may send a notice to the occupier to quit the leased land. According to this section determination of lease automatically takes place if the notice expires, i.e., the lease comes to an end if the notice expires. You may hold the occupier liable for this under S. 108 of the TP Act. S. 108(o) of the TP Act[2] lays down that the lessee must use the property as a prudent or ordinary man and such encroachment by the occupant cannot be considered reasonable in this case.
  • After vacating of land you may approach the Collector or any gazetted subordinate of the Collector for a partition suit under S. 54 of Civil Procedure Code, 1908[3], which provides for separate possession of a share of such an estate.

    You may also sue the occupier for compensation under S. 2(12) of CPC [4]for wrongful profit earned by the occupier by such wrongful possession of the encroached land. Wrongful profit in this case may include the portion of land enjoyed by the occupier without payment of due rent for such land.

     

    [1] Available at: http://www.advocatekhoj.com/library/bareacts/transferofproperty/111.php?Title=Transfer%20of%20Property%20Act,%201882&STitle=Determination%20of%20lease

    [2][2][2] Available at: http://www.advocatekhoj.com/library/bareacts/transferofproperty/108.php?Title=Transfer%20of%20Property%20Act,%201882&STitle=Rights%20and%20liabilities%20of%20lessor%20and%20lessee

    [3] Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/54.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Partition%20of%20estate%20or%20separation%20of%20share

    [4] Available at: http://www.lawzonline.com/bareacts/civil-procedure-code/section2-code-of-civil-procedure.htm

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