About adverse passation
Bhim Singh
(Querist) 24 May 2012
This query is : Resolved
Sir, i am uesing Party name is A,B,C,D,E,F
A is cousin brother of B, A claiming averse passation on B, bhumidhari land(saprate khata) from 1965 but A was not have a single day passation 0n the land of B, B execute ragistered aggriment for sell his land in favbour of C is another villager in 26/5/1976 about in aug 1976 B was under ground collectivly with A . C is waiting for sell dead executted by B. but B was not playing his role, than after C noticed to B before 1 month prior of last date of execution of sell dead ,on the last date of execution of sell dead C present in rasitary office for sell dead but B was not present that time. than after C approch civil court for spasfic parformance claim and civil court execut a order for sell dead than A come in play party roll in civil court for claiming adverse passation ,civil court dismised A requst than A go to high court in writ for making a party in civil court , high court allow A requist than after again case start in civil court, than civil court found C aggriment was correct, give title to A on the basis of averse passation on 6 year basis,than C file 1st appel in the court of distt judge ,than DJ give aorder in this case deggre against B and no effect on A,than C go to high court for second appel still panding with a intrem status quo order and passation on the land of C.
The same time in 1978 A file a case in SDM court for declaration suit in 229 B , Than C give a application in SDM court for making a party in this case but SDM rejest the C application than C go to commissnery for revision ,than commisner allow C application make party in this case sand for a refrance to revnu board, than C refrence reject in adam parvi on 30 sep 1980, C is illitrate ,waiting for long time ,after 20 year C go to revnu board in year 2000 for a conformation about his refrance, than C found rejected refrance, than C file a restoration case in revnu board, restoration allowed,than revnu board reject complitaly 229B case in merit basis than A go to high court in writ both writ and SA Appel is panding in high court.
In this case A execute sell dead in favbour of E in 2004 and E execute a sell dead again in favbour E in 2012 E and F both are bhumafiyas but dose not takin over the land till date C occupaed passation over the land sice 1976.
In this case adverse passation on froud document basis on land of true owener and not complite 12 year court below found a resitered aggrement within C & B .
wath was done in this case.
Nadeem Qureshi
(Expert) 24 May 2012
Dear Bhim singh
You can contact a lawyer in your local area.
Adv.R.P.Chugh
(Expert) 24 May 2012
Dear Mr.Singh,
I have a lot of problems in how the case has been conducted - first and foremost A was neither a necessary party nor a proper party - why was he allowed to be impleaded in C's suit for specific performance. It appears HC order allowing his impleadment was not specifically challenged. A has no semblance of a title, and in a suit by C for specific performance - the matter directly and substantially in issue was not whether A's possession has fructied in title, but whether C was entitled to specific performance of contract in his favour.
Things have really gone out of hand, due to inept legal representation - consult a real world lawyer - there is a lot of paper work to be seen and nothing conclusive can be commented here.
