Kapilesh
Asked September 24, 2016

Land dispute and the owners are Income tax payee

  • 1 Answer
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Sir, There was a agriculture land case between Owners and tenants. The resumption of owners was dropped by the State Govt. in the applicability of some section of J&K Agrarian Reforms Act, 1976 because owners are Income Tax payees and secondly they are in self cultivatory possession of the said land but the owners in connivance with revenue authorities again filed their application for resumption of the said land and the resumption was granted to them. The Tenants filed a suit against their resumption because they are Income tax payers and not living in the area where the land is situated and also not in self cultivatory possession but the appeal was dismissed as the applicants could not produce an evidence that the owners are Income tax payee because the burden of proof on the applicants and income tax department refused to provide the copies of their ITRs even under RTI Act. The state High court decided this case 4 years back but the owners could not execute the same. Only resumption was granted to them as is where is basis. Now in 2016 the owners wants to evict the tenants. Please advise 1. whether the said judgement of state High Court is sustained or they should file execution of the same? 2. Please advise can they evict their 60 year old tenants or not? 3. Please advise how can we the tenants get their copies of ITRs from Income Tax Department which can prove that they are Income tax payees. Can a case be filed in any court of law for giving directions to Income tax department for this purpose or not.

Answer 1

The judgment of High court still sustains and an execution of decree can still be filed under Article 136 of The Limitation Act, 1963 which says The period of limitation for an application for the execution of any decree (other than a decree granting a mandatory injunction) or order of any Civil Court is twelve years, resulting in eviction of tenant. Answering to the third question you can Apply to Chief Commissioner of Income Tax u/s 138 of the Income Tax Act, 1961. There is a prescribed format for asking information but the information sought must be in public interest. If you file a case against a person and show that his/her return is important evidence for your case , a subpoena can be issued by the court to the officer .

 

Agree Comment 0 Agrees almost 4 years ago

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