Getting Leased land back
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?
There are two steps to be followed so that you can receive your share of the land as soon as possible:
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, 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 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.
 Available at: http://www.advocatekhoj.com/library/bareacts/transferofproperty/111.php?Title=Transfer%20of%20Property%20Act,%201882&STitle=Determination%20of%20lease
 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
 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
 Available at: http://www.lawzonline.com/bareacts/civil-procedure-code/section2-code-of-civil-procedure.htm
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