A.P.Land laws
kranthi kiran
(Querist) 01 August 2009
This query is : Resolved
Original Extent of the Land in the Sy.No. as Per Khasra Pahani is 17 Acres. Original Owner has all ready sold away the land to my client. The Original Owner in collusion with the revenue authorities has fradulently changed the extent of the Sy.No from 17 Acres to 24 Acres and thereafter obtained the Title Deed for the same. Later on he has sold away the above extent also to various persons. The revenue authoorities with out any application of mind have effected the mutation and granted title deeds to purchasers. My client having came the knowledge of the same has filed the application before the RDO. RDO has cancelled all subsequest mutation proceedings. The sub subsequent purchasers have filed the appeal stating them selves as bonafide purchasers. How to defend the case.Quote some citations in this regard if available.
Y V Vishweshwar Rao
(Expert) 01 August 2009
These all are the facts on which the case is to be decided ! ( original Extent and subsequent excess exent - original Sale in favour of your client and subesquent Sales/mutatiosn - all are record with Revenue Authorities )
Original 17 acres sold to your Client!
subsequently obtained Title Deeds/Books for 24 Acres! And sold to several persons and mutations effected in favour of such purchasers !
The Original Owner having ( first ) sold his original 17 Acres land to your client , has no right in the land - such Title Deeds/Books have no value to defeat your clients rights !
The Title Books of Original Owner and his subsequent purchasers and their mutations ( which are agaisnt your client Rightgs /interest) have to be set aside/cancelled by Revenue Authorities and the same is cancelled on you application .
I think the same will be up held in the Appeal filed by opposite parties !
Deekshitulu.V.S.R
(Expert) 02 August 2009
MrKiran the answer is in your question only. Since you are successful before the RDO, The same grounds will apply in case of appeal also. As you said your client's purchase is earlier in point of time. The alienation, to others is subsequent in point of time. If the land is the same and capable of identification, then your client must definitely win and best of luck to him
bye
