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Munjal Mehta (Student)     16 January 2014

Land rule

A person Mr. Chimanlal Shah had purchased a land in the name of his nephew Mr. Sudhir Shah in the year 1964 . Mr. Chimanlal had two sons Mr. Ramesh Shah and Mr. Naresh Shah, now in 1972 Mr.Sudhir Shah gave a written application to the revenue officer of the village to transfer the land in the name of Mr. Naresh Shah as he was a partner of the land. So revenue officer transferred the aforesaid land in the name of Mr. Naresh in 1972, and the land revenue records 7/12 and 8-A were in the name of Mr. Naresh. Mr. Sudhir died in 1981 (after 9 years of land transfer) and named all his property in name of his legal heirs. Now legal heirs gave a power of attorney to Mr. Vijay Pillai (third party ) about all their land. So Mr. Vijay Pillai did a sale deed in 1999 and registered the same in 2000. Now Mr. Vijay Pillai filed a case to obtain the possession of the land to deputy collector in 2002 against Mr. Naresh wherein the application was rejected due to time boundedness, So Mr. Vijay appealed in collector against the decision wherein the same decision prevailed. Mr. Vijay appealed to revenue secretary against the decision of the collector and even the revenue secretary gave the same decision in 2003. After which till 2013 Mr. Vijay has been inactive and not asked for possession or approached any court. Now the question is " Whether Mr. Naresh to approach the court about cancellation of the registered sale deed", " Can approaching to the court after 10 years go in adverse to Mr. Naresh", " Mr. Naresh has been in possession of the land since 1972 to 2013 so according to which act he can be owner of the land legally against the registered sale deed". 



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