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harish hari   16 April 2023

Land dispute with same borders but mentioned wrong survey number .sellere refusing to correct s.no

Land dispute with same borders but mentioned wrong survey number during registration . Hi today i want to discuss a land dispute case. please send your reviews. For Example. there is 2.5 acres of land in a survey number 120, 121 and 123.. the owner of the land sold the entire land to different  persons. in that some portion of land is sold with general agreement on a normal paper in olden days. as the owner has sold the  entire land. he moved to another place and settled.but the sold land details are not updated in revenue records as it it is general agreement. . now we will discuss about the dispute. when the owner sold the land with a specific borders he mentioned the wrong survey number in the general agreement. he mentioned all the borders correctly but mentioned the survey number as 120 and 121. INSTAEAD OF 123. but the actual survey number  for that portion of land in revenue records is 123. the buyer  "A " is in possession and enjoyed the land, after some years the the buyer " A " sold the land to the buyer "B" with a registered sale deed. 20 years passed. with the same survey number 120,121 as written in general agreement. the second buyer also is in posession and enjoyed the land  now he sold the same portion of land to the buyer "C". with the same survey numbers mentioned in the document  which is 120, 121. but since the olden days the revenue records has the land survey number as 123 and the previous first owner name was not changed. now some land some land grabbers observed that the the portion of land is still in the name of old owner  in revenue records who sold the enitre land .in olden days. now the land grabbers went to the old owner and said that sold which you sold is still is in your name in revenue documents as you have mentioned wrong survey number while sellling the name is not changed in revenue records.  so land grabbers and the old owner came to land  to claim that. but the Buyer "C" IS IN POSSESSION and refused to give the land.. now the old owner filed a civil suit for injuction order and to claim he said that the survey number is wrong in the Buyer "C".  the case hearings happened, the old owner could not able to prove that he is in possession as he is not aware of that portoin of land since many years. the buyer "C" proved that he is in possession. and proved that the owners has sold that portion of land years ago. here The buyer "C" is the respondent. the old owner is plaintiff. So  finaly plaintiff lost the case. but during the case is pending the plaintiff who is old owner did the gift deed to his son for that land using his old documents. and  after that  he did sale deed to one of the land grabber  and after that this land grabber did another sale deed to other land grabber which these people are of same team.  in this way these land grabbers have created some link documents.   these all registrations occurred during the case is pending in the court.  so now old  owner lost the case. now the new land grabbers again tried to entered into land where buyer "C" is in possession and who won the case against older owner.  now these new  land grabers filed a new civil case against the Buyer "C". Now the question is should the Buyer "C" Who won the case with the older owner should again fight with these new land grabbers who created fradlent documents whaich are created during the pendency of the case which was lost later with older owner. are these documnets valid which are created during the pendency of case.  as they filed new case should the buyer "C" agian fight with new plaintiff again for years the court has issued a Status QUO. .  here who will win the case? the issues is the portion of land has same borders. but the survey numbers are different in the documents which were wringly written by the old owner later he fought and lost the case with the Buyer"C". the land grabbers created fraudlent documents with the same portion of land with the survey number which is in the revenue records. but these documents are transfered through the old owner who who lost the case with buyer"C".   WHO WILL WIN ?

 



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 4 Replies

N.K.Assumi (Advocate)     17 April 2023

No hypothetical, academic, and horoscope queries.

Dr J C Vashista (Advocate)     17 April 2023

Be brief and specific in your facts vis-a-vis query for consideration and obligation of experts.

It is better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

N.K.Assumi (Advocate)     17 April 2023

Question regrading border mesurement but with wroung survey number or Katta etc, is an intereting and challenging legal issues that deals with interpretation, constructions and harmonising of words and expressions in a Deed with maze of rules and laws. However,  question with opening statements such as, for example,  for instance or suppose etc, has no place in LCI.

harish hari   18 April 2023

Hi N.K.Assumi (Advocate)
 to maintian privacy and better understanding i used the words for example. and this porblem is not and example  and it is real time problem which is already pending in the court.. as you said it is very interesting and challenging case.  pplease give any inputs as per your understanding. yours inputs will appreciated . 

Thanks


 


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