Dear All I bought a property after taking permission from government under section 118 of land reforms and tenancy act of Himachal Pradesh and made this homestay 1. I have made a lease agreement for homestay with a non agriculturist for 11 month. I didn't know that i am not able to make this lease agreement. He made me half payment in account number and half was due never received 2. I forcefully evicted tenant in 4 months due to his suspicious behaviour and bad reputation in the area. 3. In the agreement it was written that person can only run homestay after its registration. I started registration and local police has given me noc to run a home stay in 3 months. 4. After eviction tenant tried to make case of trespassing FIR is registered but police is not putting the challan in court from 7 months as police has given me NOC run the homestay on my application. 5. Tenant do not have stamp paper of this lease agreement. Made agreement with wife and husband is one witness in the agreement. One witness is with me 6. Now i have registered the home stay and running this 7. Tenant is complaining me in tourism and in revenue department. I have got letter from Tehsildar as he has complained me for violation of 118 making lease deed of 11 months with him. What defence i can put. Can i refuse for agreement.
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It is necessary to peruse notice received by you to advice
take the plea that you have not entered into registered lease deed
3) you had entered into notarised agreement but it was never acted upon as full payment was not received by you
4) you are running home stay on the premises and are in possession of the property
Property purchased with proper 118 permission.
Lease was unregistered for 11 months, now cancelled.
Tenant violated terms, didn’t pay full amount – evicted within 4 months.
Police gave NOC; homestay now registered and compliant.
Agreement invalid – no stamp paper, signed by wife, not principal party.
No intention to violate law; issue now resolved.
Request to close matter as there was no malafide intent.
To challenge a complaint alleging violation of Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, you need to understand the specific provisions of the law and how it applies to your situation.
You can then prepare a legal response by gathering relevant evidence.
Section 118 generally prohibits the transfer of land in Himachal Pradesh to non-agriculturists without prior permission from the government.
Based on your evidence, you can prepare a written response to the complaint, addressing the allegations and presenting your case.
As per the provision of section 118 of H.P. Tenancy and Land Reforms Act, 1972 the land purchased by a non-agriculturist after obtaining the permission of Government is required to be put to use within stipulated period for the purpose for which permission was granted.
Therefore you may gather evidence to establish the fact that there was no violation in this regard and challenge the same appropriately before the concerned authorities.
Bar under Section 118 is not applicable to transfer by way of lease of land or building in a municipal area. If the land is in municipal are you are not liable for any penalty under revenue Act.
- You can send a notice /reply after mentioning that you were not aware about the terms of the violation of Section 118 of land reforms and tenancy Ac, and the said lease agreement was made for a short terms for running a homestay.
- Further, after knowing the terms of violation you have already evicted the tenant for showing your intention.
- Further, the police has issued the NOC after a thorough check of your application and the police has not found the lease illegal.
- No trespassing case is maintainable against you as the said homestay is running after proper registration .
- If Tehsildar is not withdrawing the said letter then you can approach the Court for getting the same.
Yes you can refuse
