• Due to adverse possession whether owner lose his land

Sir,
We are having some agricultural land in our native and it was under possession of another person who is cultivation the land for 30 years. There is no any agreement between me and the cultivating person, in this case he is refusing to leave our land.

Note: All the land related documents like patta, sitta, eb bill,kanthayam, etc are in my name.

In this situation we approched a lawyer to file a suit, he asked few question like
1. How you will prove he is your cultivating tenant.If you fail to prove then the cultivating tenant can go for adverse possession and he can claim for your entire land, so there is chance to loose your land.
	Layer says that we are week in our side, reason is that in absence of any written doument why you allowed him to cultivate your land for such a long period.
	My question is that having all the legal documents in our name whether it will not support us, only the possession will be highlighed in the court whether it will be favour to that cultivating person. 
2. Do we have any government record to prove that you(owner) are the cultivating tenant and current person is just working for wages.

Note: Is there any government record states that who is the cultivating tenant.

Please help me to come out of this confusion situation.

Email : [deleted]

Thank you.
Asked 10 months ago in Civil Law from Chennai, Tamil Nadu

You can file a ownership suit in court to officially declare that you are the owner. That's all. Nothing more is needed.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

1. You have been advised rightly. You have given him land for which there is no document and you are also not taking any rent.

Either create fake rent receipts to show the tenancy or say that the rent was paid to you in cash.

You do have a right case but you must go ahead and file a suit for eviction at the earliest now.

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) person cultivating your land can claim defence of adverse possession as he is open , hostile ,continuous possession for over 12 years

2) lawyer has advised you correctly

3) documents in your possession only prove that you are owner of land but in case you file eviction suit he can defence of adverse possession

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

It is not necessary that adverse possession will work. If any document or witness to the said aspect is examined in court who testifies that there was no adverse possession and the possession was disturbed by regular cultivation of crops then being owner of the land you can claim the possession.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

One thing to understand

Proving adverse possession is very hard.

If you have these documents that you have mentioned above than you don’t have to worry because you can always tell to the court that he is your tenant and it was orally settled that

1.He has to give 2/3 of his total harvested crop as a rent ...that he used to give by selling crop and giving 2/3 of total amount sold (in rupee).

Here you will again add

2. He has to leave the land when ever we want him to.

Now

One of the easiest way to get back your land is

1. Make him file the suit first .(provoke) him to file suit as he will surly lose the case and land will be yours because ADVERSE POSSESSION IS A WEAPON OF DEFENCE NOT OFFENCE .

I hope you understand my ans

Thankyou

Vasu Vibhav Purohit
Advocate, Narnaul
23 Answers
1 Consultation

Not rated

1. Adverse possession is awarded in case the applicant is in physical possession of the suit property for a period of more than 12 years against the expressed wish of its actual owner. In your case, you should get one agreement for cultivation for a period of 1 year executed to show in record that he has started cultivating recxently against an agreement.

2. There is no confusion in your case. You shall have to establish that the other party is cultivating your land against a specific agreement/contract which has expired now. You shall have to colect document to prove that the other side is cultivating your field against payment in kind or cash based on a contract.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

You have been rightly advised this lawyer, because you ought to have had some evidence to demonstrate that you were consistently objecting while the other party was maintaining unauthorised possession upon your land.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Hello

The documents relating to the ownership of the property itself indicate tgat you are thebowner of the property. Also the tenants and th landowners themselves would testify in your favour. Therefore don't hesitate and file a case against the tenant.

Regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

1. Sir the other.side.can claim undisputed.adverse possesion he won't be the owner but you cannot remove.him.from.the possession.

So to contest this stand has.tl be taken that he was under permissive.possession and he used to give share of crop.for cultivating the land.

2. If no registered agreement there shall be no such record.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

How can he plead and prove that he is in possession?

Can you establish that you are in possession by producing tax receipts, EB receipts?

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

Please search for AABPASHI(Irrigation) receipt, whether your cultivating tenant mutated his name in that particular document or not. If not then he has no right to obtain the land by adverse possession.More so why you are saying that he is cultivating the land since last 30 years ,say only he is cultivating since last seven(07) months and when you are saying that to vacate the land he is not leaving, if need be file an FIR in the concerned police station to vacate him from the land.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

The Revenue records, such as chitta, adangal and patta, will show the name of the landowner, and not that of the tenant-cultivator. You may have to prove your case only on the strength of oral testimony of sound witnesses, in the absence of any written tenancy agreement.

Swaminathan Neelakantan
Advocate, Coimbatore
550 Answers
4 Consultations

4.9 on 5.0

There is a document called 'fasli' which will prove who had been cultivating the land and since how long, this is besides the adangal records.

Therefore you may first ascertain from these documents that whether his name appears in those documents or not, if not then you may file a suit for ejectment  to eject him from your land which has been occupied by him as unauthorised person and for possession.

Let him prove his possession and claim for adverse possession, you can fight it out based on the documentary evidences in your possession.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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