Upgrad LLM

how to recover my advance payment

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I have done a purchase deal for a piece of land and made advance payment of 10%. A sale agreement was signed and the title of the land was to be transferred within in two months. This deal was done in 2012 and later I came to know that the title of the land was not clear. Since then I am asking the seller to return my amount but nothing has happened so far. What will be the correct legal procedure in this case ? Can I file a case U/S 420?

 
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