Govt Leased Land
5 years ago
Mr A has leased a Govt Khas land in Kolkata from 1904 to 1994.
Mr B enters into a tenancy agreement (under Mr A) renewable every 5 years from 1953.
Mr B starts running a business with proper Trade License from 1953.
Mr B receives and pays Occupiers Tax to Calcutta Corporation since that time
After 1987 Mr A files a title suit against Mr B and the case is dismissed. Since then Mr B did not pay Rent to Rent Controller.
Mr A's lease is not renewed in 1994 due to various reasons. Mr A challenges against this non-renewal and loses in Higher Courts in 2013.
Mr C is Mr B's son who has been participating in the business and has inherited the business after Mr B who expired in 1994.
However Mr C keeps receiving and paying the Merged Occupier's and Owner's Property Tax having Assessee No of Mr A till 2016.
Mr C is still running the business with renewed Trade License.
Now Mr C is 75 + yrs old and ailing and manages to find through RTI that Govt has acquired the land, which has amalgamated with some other land.
Only Mr B and his descendant Mr C has held uninterrupted peaceful possession of the land from 1953 till date.
Mr C has not been served any notice from the Govt.
Q1. Is the Law of Adverse Possession applicable to Mr C.
Q2. What can Mr C do now?
Does he have to leave the premises? If NO why and how?
If YES can he expect any compensation? If NO why so?
If YES what kind of Compensation in terms of percentage of land valuation can he expect?
Q3. Can anyone suggest any CASE reference that replicates situation of Mr C that he can refer to his advantage?
Q4. Mr C is 77 yrs old and ailing and wishes to transfer all his existing rights/power of attorney to a person Mr D not in Blood Relation in exchange of a mutually agreeable consideration. Can Mr D claim the rights deserved by Mr C to his benefit?
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Sunil Kumar Singh
Responded 5 years ago
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