Lexlords Legal Services

(737) 000-0006
jio, 3033 John Fitzgerald Kennedy Blvd, Jersey City, NJ 07306, United States, Jersey City, New Jersey, 07306

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The deponent at the very outset most humbly submits that he is having highest regard for the courts of law and he cannot think of disobeying the directions of this Hon’ble court. The deponent deeply regrets and tenders unconditional and unqualified apology, if the directions were not complied with in its true sprit, due to any unintentional act or omission on behalf of the deponent. The brief facts of the case are that is pending between gram Committee and the NRI represented petitioner. That it is very humbly submitted that land in dispute in aforementioned RSA is in possession of gram Committee from very beginning and the gram Committee is leasing the same to various people by open auction after due notice from very beginning. The copy of the lease register for the year 2018 are being annexed herewith as annexure R-1/1 to R-1/4 respectively.

That from the perusal of aforementioned copy of lease register of the gram Committee Farmana, it is very clear that the land in question is being leased out regularly every year by the gram Committee to various people by open auction for so many years. This clearly depict that the possession is with the gram Committee and land is leased out every year in the month of May. The NRI has in this petition alleged that the respondent has tried to dispossess the petitioner from the land in question, but it is worthwhile to mention that when gram Committee is in possession of land than how the NRI can be presumed to be dispossessed from land in question.

That in year 2018 the land has been leased out on 17.5.2018 which is evident from annexure R-1/1 and this Hon’ble court has been pleased to pass the order dated 20.8.2018 (annexure P/2) subsequent thereto. Vide the annexure P/2 this Hon’ble court has been pleased to direct to maintain status quo with regard to possession. From the aforementioned order it is very clear that this Hon’ble court has nowhere passed any order of eviction of any leasee or the gram Committee from the aforementioned land. It has not been held by this Hon’ble court that the NRI is in possession of the land. This clearly depict that when order dated 20.8.2018 was passed by this Hon’ble court the land was in gram Committee’s possession and was leased out on yearly basis and on the same status quo order will be operating. That from the aforementioned annexures which are copy of the lease register, it is very clear that from the very beginning the land is being leased out by way of auction to the different people of the village by gram Committee for one year at a time. For so many years the NRI has not agitated against the same and now the present petition is an effort on the part of the petitioner to get some finding or admission with regard to possession of the land in dispute. From the copy of lease register it becomes very clear that the NRI is not in possession of land.

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