Agreement for sale of agricultural land in 1988

Rajendra (Querist) 31 October 2014 This query is : Resolved
Buyer and Seller had executed an Agreement to sale Agricultural land in 1988 for Rs. 3000/-. Possession given to buyer, since then buyer cultivated the land till 2001. but buyer have not changed the Revenue Record. Seller sold the land to 3rd party. buyer came to know about this and objected the transfer in writing within 90 days. and filed the case in district court......District court gave Judgement that case is time barred as more than 12 years have been lapsed.... Any remedy to poor farmer who bought the land and cultivated for livelihood...Court rejected the base that farmer is illiterate......Suggestion will be highly appreciated.....

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adv. rajeev ( rajoo ) (Expert) 31 October 2014
No remedy. Buyer could have filed the suit for specific performance case within 3 years from the date of execution of agreement of sale

Rajendra (Querist) 31 October 2014
for changing revenue records is there any need to file suit........

can farmer claim ownership on the basis of possession....tax receipts are with him, electricity is in his name, compensation paid to him by government for acquiring small part of land....

M V Gupta (Expert) 01 November 2014
This is a case of part performance under Section 53A of the Transfer of property Act, which protects the possession of the transferee in possession under unregistered agreement for sale. The Madras HC in S.P. Munuswamy Gounder VS Erusee Gounder reported in AIR 1975 Madras 25 held that if a person in possession pursuant to a contract for sale, he can maintain a suit for declaration of title and for injunction prohibiting interference with his possession if his possession is threatened by a subsequent purchaser. It appears the suit filed by the farmer in the case of the Querist may have been for specific performance and hence rightly dismissed as time barred. Hence the farmer can consider filing a fresh suit for declaration of title and injunction as held by the Madras HC. Alternatively, if the new purchaser files suit for eviction, the farmer can defend his possession of the property under Section 53A of the Act.