Background (eight years back): we have 1 acre land at our ancestral village. We wanted to sell the property. One of our distant friends at the village wanted to purchase 0.2 acre land. So, we sold it. For the remaining 0.8 acre he obliged to help. Either he needs a sale deed or power of attorney to make the selling. So, my mother signed the unregistered sale deed. Took a virtual advance of 15000/- (which is actually not taken). Remaining amount shall be paid in three months.
Incident: After the deed he occupied the land and removed trees planted by my cousins (which we allowed). Due to this we realized we did a blunder and that fellow cheated us.
Post Incident: So, we thought of legal battle and issued a notice within a week that we would like to cancel the sale deed because of your occupation of our land.
Response from the Opponent: He filed a case in court for asking us to register the property.
What happened in court: Court listened to the witnesses from our side. we have explained the entire situation (what I explained above) to the judge through arguments and witnesses. We also requested for the site enquiry to prove that land is been taken over by the opponent. It is not in our possession. Court rejected the application by saying that present case is for the agreement but not the possession. So, we filed a counter case for possession which is also been rejected by the court by saying it is just to frame the opponent. At present moment, opponent already constructed a structure in part of our land and 0.2 acre and remaining area is being cultivated.
Second incident: Two years back, when my parents visited the place to take the videography of the possession they were attacked the opponent family. During this incident my father and my cousin sustained injuries. So, my father and opponent filed cases in the police station. Our case is been upheld and charge sheet is filed whereas opponents case is been declared as false by the police.
Recently my father expired. So, I am looking after the case. At present, case is at the arguments stage. Our lawyer is saying that we will produce some more witnesses and we will file a stay in high court.
Lawyer says following points,
1) Since, we sent notice within a week of agreement, agreement is null and void.
2) Land is not in our possession. So, this also forms a base for the cancellation of the agreement.
I am little confused. Does our argument have any strength? Is there any possibility of winning the case and getting back the possession of our land?