Uncontested case by farmer decreed against

Querist : Anonymous (Querist) 19 May 2022 This query is : Resolved
Dear sir/madam ,I have purchased a plot in 2019 developed by a private builder. This land was initially developed by another society and allotted to its members and the society lost the land to the farmer(daughters share). Now the members who got the site allotted lost the title for their plots due to SC judgement against their society. The previous member allottee related to my current plot had put a case on the farmer( daughter). The farmer had filed written statement but did not contest further bec she sold the plots and it was never infromed to me. The court had given decree based on facts said by the allottee and documents produced by the allotee without opposite party (farmer daughters). Before the case was decreed, I have already put a fresh case on thé allottee and got a permanent injunction untill disposal of the suit. The allotte had counter calim my written statement saying they already have a decree against the farmer. Should I now challenge this decree in high court or can i continue with my case which i have against the allotte as the current owner.?

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A plot purchased in 2019 has a complex ownership history involving a society, a farmer, and a Supreme Court judgment. The farmer's daughters reclaimed a portion of the land, and the farmer (who is also the private builder) sold plots from this reclaimed land to you. Your plot has two sale deeds: one from the society to a previous allottee, and another from the farmer to you. The previous allottee obtained a court decree against the farmer, who did not contest the case. You have since filed your own case against the allottee and obtained a permanent injunction. The question is whether to challenge the decree against the farmer in the high court or continue your existing case.

krishna mohan (Expert) 20 May 2022
Your lawyer who is aware of the full case details can advise better. Since you are saying permenent injunction has been granted, unless that is vacated new party can not have clear title.

kavksatyanarayana (Expert) 20 May 2022
1)You stated that you purchased a plot in 2019 developed by a private builder. This land was initially developed by another society.
Ans: How is it possible without a transfer? Is the builder transferred the land to another society? And allotted to its members and the society lost the land to the farmer(daughters share).
Ans: How did the society lose the land?

Dr J C Vashista (Expert) 21 May 2022
Vague and confusing statement, please re-draft the facts.

Querist : Anonymous (Querist) 21 May 2022
Dear sir, the private builder is the farmer herself. The society first acquired land from the farmer and developed and had alloted the same plot to a society member. But farmer daughters reclaimed half portion of land as their share from SC judgement they contested. the daughter sold this land as plots to me. Now my plot has two sale-deeds. The first sale deed was from society to member allotte and second one from farmer to me. Society lost the case against farmer and hence the member allottee too lost title to their saledeed. Sorry for confusion.

SHIRISH PAWAR, 7738990900 (Expert) 21 May 2022
Hello,

You have the better title as your owner has owned the case against society. You have to challenge the decree before the high court citing that Supreme Court has given the judgment with respect to plot.

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