LANDLORD AND TENANT

2 years ago

Mr. Gupta Ram Sharma, my father (deceased) had served in Indian Army and was owner of land located at four different locations in Himachal Pradesh with four different tenants. The file (missile) was one. At that time, Himachal government notified that if any military personnel – member of armed forces files the LR-V forms within the time of six months from the date of publication of the LR-V forms, his land will be given back to him from the tenants. At that time Mr. Gupat Ram Sharma was serving in the Indian Army. The Act came in force in 1972. Then he retired in 1973 but till the time of his retirement the LR-5 Forms were not published by the land/revenue department & were not made available to the concerned category. When the department published the forms, immediately within one months’ time Mr. Sharma filled the forms and submitted to the concerned authorities. Now. After that in 1992, the learned Tehsildar accordingly decided the case in our favour and issued the order. Against this order, one of the parties (tenant) went to higher court i.e. Dy. Commissioner level but the case was decided in our favour too. Now the tenant again filed appeal before Ld. Commissioner & he decided the case against Mr. Sharma. Now Mr. Sharma filed an appeal with Finance Commissioner, Himachal Pradesh, Shimla. After around 7-8 years, the finance commissioner, passed the order that when the act came in existence, Mr. Sharma was serving in Indian Army and decided the case in our favour saying that it was not the fault of the serving solder but was the fault of the Himachal government to make the forms available in time and when the forms were made available, Mr. Sharma filled the forms and submitted the form within stipulated timeframe & under these circumstances, the fate of solder cannot be left in limbo. She decided 15 cases under the similar order. Now again the same tenant moved to High Court but now keeping in view the ill health of Mr. Sharma (heart problem) & the long duration of the cases to be decided, he decided to compromise with the tenant and the tenant also agreed. In the meantime, in all those years, no other party attend the court proceedings and not participated there but summons was being served to them also. The case came to tehsil level. According we got the possession of the tenant on compromise basis, the land registered in our name. For second tenant, we got the possession and the land is in our name. We took the possession of the third tenant’s land after giving him some piece of land and the land is in our name with possession.

Now, after a period of around 27 years, since 1992 when the case was registered in tehsil office and first decided, when the Ld. Tehsildar initiated the process of implementing the Finance Commissioner order, the fourth tenant told the Tehsildar that they do not accept this order and LR-V form has not been filled for their piece of land. The Tehsildar told him to bring the order of higher authorities.

Now after moving the case from tehsildar level to different courts even up to High Court in so many years (27 years), the fourth tenant has filed appeal in Dy. Commissioner Court & asking for justice whereas the decision of the upper court, i.e. Finance Commissioner has already been issued in our favour. Now, please advise:

i) How the Dy. Commissioner accepted his appeal while the case has already been decided & returned to Tehsil Palampur by High Court through F.C. Level.
ii) Will it impact our already acquired/land in possession with our names from other tenants?
iii) What will be the fate of this case which is again filed?
iv) What should be our further legal course of action.