A 1998 court order granted possession of a property to a landlord, but only described the land by its boundaries, not a plot number. The landlord claimed to have acquired the property from a third party through a registered document, mentioning the tenant as a contractor for the land. In 2011, the landlord sought execution of the decree. However, the tenant contested the execution, arguing that the property was not identifiable, was actually government land, and the area mentioned in the decree didn’t exist – the land in question was only 9 acres, not the 16 acres stated in the decree. A land commission was appointed, which confirmed these discrepancies. The questions are: Can the landlord execute the court order on this property? What legal options are available to the tenant in this situation?

Apni Law
Apni Law
Law Forum › Category: Property › A 1998 court order granted possession of a property to a landlord, but only described the land by its boundaries, not a plot number. The landlord claimed to have acquired the property from a third party through a registered document, mentioning the tenant as a contractor for the land. In 2011, the landlord sought execution of the decree. However, the tenant contested the execution, arguing that the property was not identifiable, was actually government land, and the area mentioned in the decree didn’t exist – the land in question was only 9 acres, not the 16 acres stated in the decree. A land commission was appointed, which confirmed these discrepancies.

The questions are: Can the landlord execute the court order on this property? What legal options are available to the tenant in this situation?

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Apni Law Staff asked 3 years ago

A 1998 court order granted possession of a property to a landlord, but only described the land by its boundaries, not a plot number. The landlord claimed to have acquired the property from a third party through a registered document, mentioning the tenant as a contractor for the land. In 2011, the landlord sought execution of the decree. However, the tenant contested the execution, arguing that the property was not identifiable, was actually government land, and the area mentioned in the decree didn’t exist – the land in question was only 9 acres, not the 16 acres stated in the decree. A land commission was appointed, which confirmed these discrepancies.

The questions are: Can the landlord execute the court order on this property? What legal options are available to the tenant in this situation?

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Best Answer

Apni Law Staff answered 3 years ago

The landlord may not be able to execute the court order due to the discrepancies in the property description and the confirmation of the land commission. The tenant can use the land commission report as evidence to oppose the execution, potentially leading to the court revising or setting aside the decree. The tenant could also explore options like filing a suit for correction of the decree or challenging the landlord’s title based on the government land claim.

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