Legal Question in Real Estate Law in India

A leases an agricultural property to B on mulgeni system (perpetual tenancy) in 1934. Mulgeni system was followed in South Canara district of Karnataka. The lease agreement (mulgeni chit) had non alienation clause which says that in the event of B feeling that he does not require the said property, the said property along with the buildings and the improvements shall have to be handed over only to A on receiving the value of the buildings and improvements estimated by four Gentlemen and B shall not have any right to alienate the property in part or whole either the right of permanent tenancy or the building etc., by way of sale, mulgeni or in whatsoever manner to others. If B effect alienation contrary to this in any manner or if B allow the property to be attached and sold by any court in connection with B�s personal debt, immediately, such alienation and also this permanent lease shall be liable to be totally cancelled and the property shall be reverted to A�s possession and enjoyment�
However, B sold his mulgeni rights to C in 1946. A did not invoke and enforce the forfeiture clause
C converted this agricultural land to non-agricultural purposes and sold his mulgeni rights to D in 1995
D sold his mulgeni rights to E in 2010.
In this scenario, Do A or his heirs have any rights to reclaim the property considering Limitation Act, Rent Act, Indian Contract Act etc?

Asked on 6/09/12, 6:10 am

Shrichand Nahar S.V.Nahar, Advocate

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Agricultural tenancies are governed by local laws framed by concerned state. Check those laws and act accordingly.

Answered on 6/11/12, 12:31 am

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