Dear Mr Samir,
There seems to be some confusion with regard to land measurements. The owner had 30000. Out of that he sold 10000 to you and 8000 to second buyer. Now second buyer files rectification and makes his share 6000 from 8000. This means that he lost 2000 sq mtrs. So after this all this should be the position of lands:-
Owner : 12000 (30000-10000-8000)
You :- 9000 (10000-1000)
Second owner :- 6000 (8000-2000)
Detached: 2000 (8000-6000)
Further, on reading the facts I get a feeling that there are some other facts which are not known. So you must enquire for the true facts before taking any action.
However moving on with the query on principle:-
The basic facts which I could understand is this:-
1. You lost 1000 sq mtr of your share in land because that part of included in the second buyer's plan in the sale deed.
2. The second buyer has also lost 2000 sq mtr due to faulty rectification deed filed by him. Because the cause to file rectification was not that he got more land from the original owner but that he got 1000 sq mtrs wrong share i.e. your share. This is the reason I am saying the rectification deed to be faulty because as I have said earlier the rectification deed cannot alter rights of a deed. The purpose of rectification deed is just to correct clerical mistakes. Mistakes of fundamental nature affecting rights are done by filing rectification suit in court of civil judge.
3. The part which has now got detached i.e. 2000 sq mtrs or 1000 sq mtrs which ever it may be.
As per my understanding this is what you can do:-
All the 3 parties should sit down and discuss the issue. Since the entire matter is document based, nobody can lie about any fact. Once consensus is reached, draft a memorandum of Understanding incorporating the facts of the matter and that there has been a mistake and for rectification of such mistake a suit is being proposed and shall be filed either by the owner or the buyer. Then pursuant to the MOU either the second buyer or the owner can file a suit for rectification of second sale deed u/s 26 of the Specific Relief Act 1963.
Non cooperating Parties:-
If after discussion for reasonable time and waiting for their response, no positive action is done by the owner or the second buyer then you have no other option but to go ahead with the suit for declaration to get the second sale deed declared as invalid and void under Section 34 of the Specific Relief Act, 1963. Along with the suit also file application under Order 39 CPC praying for an order of injunction against the second buyer from alienating or otherwise disposing of the property in question.
Further also file police complaint against the owner as he has sold your land to a third party very well knowing that he sold the same land to you first.
Shubham Bhardwaj (Advocate)
District & Session Court
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- The opinion is only for guidance.