(Querist) 06 April 2008
This query is : Resolved
Dear sir/madam, My father purchased a 60x40 plot in Bangalore from a builder in June 2002. It's a agricultural (revenue) land.we have constructed a two storied residential building on 30x40,remaining 30x40 portion vacant and also in possession of it from feb 2004.Two years back we came to know that our builder had acquired this land (approx.1 acre 11 guntas)through an unregistered GPA,valid from June 2002 to Aug 2002 converted land into 30 sites and builded houses and never got the GPA or land registered in his name.In June 2006, original land lords filed the suit against the builder for seling their land to us without getting it registered. The builder is not turning up for court hearings and we fear court may settle case ex-parte. points in our favour: 1)Original land lords are living in our vicinity and were fully aware of all developements ,moreover one of the land lord had supplied construction materials for all the houses built on disputed land. 2)They filed the suit almost 4 years after we bought these sites, which I think is in contravention of the Law of Limitation. 3)They have also received around 90% of sale consideraion and remaing is outstanding from the builder. We are about 30 families living on this disputed land and are worried a lot. Pleasw give your opinion.
(Expert) 09 April 2008
with out seeing the memorandum of Plaint copy it is very difficult answer, You have not stated wether all the purchasers are made as parties in the suit(case), you have told that your father has purchased the plot, if so, they should have made your father as defendant, if your has not been made party, your father can file necessary applicaiton in the case seeking to implead him as additional defendant and can take all the defences available under law. you are saying that they have filed after 4 years of transcation, surely it is barred by law of limitation, this dfence has to be taken in your written statement(objection), it will be the burden on the land lord/plaintiff to prove that the suit is in time. just check in the plaint whether they have said anything about the GPA, if the GPA is validly executed you all are having good case. the first and foremost thing you people have to do is file an application for impleadment. if you still have any doubts post your query.