Mrs Kalpana Tiwari (Advocate) (Advocate) 08 April 2012

Sale of different land

A bought land in three parts. Sale deed of two part had one Gata Number 120 and third part had Gata Number 119. Gata No. 120 was purchased as agricultural land and part of 119 purchased as per sqft. basis through sale deed. the owner of 120 give us possession on 119 instead of 120. 119 is purchased form other person. In simple words he sale us 120 and give possission on 119, because 120 was disputed land. As per actual demarcation of land we occupied by us is in 119. Now we come to know why he given us Gata Number 120. What should we do. kindly suggest.

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 08 April 2012

If there has been some foul play/fraud you can obviously rescind the contract as soon as possible - and claim back the amount paid for the land.

Mrs Kalpana Tiwari (Advocate) (Advocate) 08 April 2012

thanks but we have already constructed a building on the land so we cannot cancel the agreement

Mrs Kalpana Tiwari (Advocate) (Advocate) 08 April 2012

and the building is actually constructed on part 119 and we have sale deed of 120

Mrs Kalpana Tiwari (Advocate) (Advocate) 08 April 2012

we cannot leave the land at any cost because we have constructed a building there. the owner of 119 is close associate of owner of person who sold us 120 he is not claiming the land but refuse to sale rest part of 119 in exchange of 120.

(Guest)

Your solution is in specific relief Act.

File the case under specific relief act and demand full loss.

You may also filed criminal matter if you proved tthat he made fraud with you. Please read Section 417, 420 IPC.

Agriculture land can't be sell as residence property. It barred in Zamindari Unmulan Act. In this condition applied Sec. 168 & Govt. capture the land.