Can a general caste person buy sc land which has been time barred for restoration?
Vijay Kumar
(Querist) 20 April 2017
This query is : Resolved
A piece of Land was mortgaged by Mr. X (Schedule Caste Person having his name in Khaitian) to Mr.Y in lieu of Rs.150/- in Year 1946, Possession of Land was transferred by Mr. X to Mr.Y , As repayment was never done by Mr. X and he died in 1949. In 1965 a suit for recovery of possession was of Land was filed by Sons of Mr.X, However it seems they never fought the case and and ex parte Order was given in favor of Mr.Y keeping in view adverse possession he had on land for more than 12 Years. In 1967 the same piece of land was sold to Mr. Z who again in 1982 sold it to Mr. A, Now till date Mr. A has the plot hols the plot, Mutation stands in name of Mr.A and he also has the possession.
In the year 2000, a case was file in SAR Court for restoration of possession of Land by Descendants of Mr.X, against Mr.A , and an ex parte order was given against Mr. A and Land was restored in favor of Mr.X.
When Mr.A came to know about the ex parte order, he filed an appeal in the court of Deputy Commissioner and won the case since the case was filed more than 35 years after the land was given in possession of a General Category Person (i.e. 1965) and was time barred. Decision of SAR Court was set aside and land was Mr.A was allowed to continue possession and decree was given in his favor.
In 2005, Descendants of Mr. X now filed an appeal in the court of commissioner for restoration of possession of Land. However there also Mr. A won the case on the grounds that the case was time barred according to Section 71A of CNT Act of 1908. Decision came in 2014.
Thereafter no appeal has been made by descendants of Mr.X in High Court and Mr. A continues to enjoy the possession of land. It has been 3 Years since the last case was disposed in Court of Commissioner.
Note: Mr. X was/has been classified was Schedule Case. (Caste: Oraon)
Rest all people to whom ownership has been transferred are by caste GENERAL
Mutations, Possession and all documents of Land are good and in name of Mr. A
In 2012 Govt acquired some portion of the concerned land and payment was given to Mr.A.
Questions??
1. Should I buy the Land?
2. Can can other descendants of Mr. X (other than who has filed the case all along) file a case agai in lower court and will his case stand or in case of construction, can he put a stay.
3. Is there any risk of any nature in buying this piece of land?
P. Venu
(Expert) 21 April 2017
Why this algebraic equation? Please post the real problem
Vijay Kumar
(Querist) 21 April 2017
Have consulted 4 Advocates, two of them have advised me not to buy the land and two have advised me to go ahead and buy.
Reason Not to Buy; Schedule Caste Mr.X descendants, can always file a case in court and create litigation. Even if its time barred, case would be admitted. If we go for construction, stay can always be put and construction will go on hold.
I dont want to buy litigation, Need help in this point, if whether of to Buy a Time Barred Schedule Caste Land?
ROHIT SHARMA
(Expert) 21 April 2017
If the Govt has purchased some portion of such land and paid Mr A,the purchase price then the remaining land in possession of Mr A is free hold land without any encumberance and cannot be deemed to be the land of the descendants of Mr x despite the latter was a,scheduled caste which now upon the fact that as by the Govt buying a portion of such
Land removes the tag of the land belonging to scheduled caste so you can buy such land in possession of Mr A without any risk or interference from the descendants of late Mr X.
Dr J C Vashista
(Expert) 22 April 2017
Too long a question, be brief/precise to your query otherwise discuss with a local prudent professional lawyer.
Dr J C Vashista
(Expert) 26 April 2017
Thanks Goyal ji for agreeing with me.
Vijay Kumar
(Querist) 28 April 2017
In Short, In 1965, an SC Land for the first time passed into possession of a General Person via an Ex parte in Title Suit (filed by SC Guy), After 35 Years, In Yr. 2000, the concerned SC's descendants files a case for restoration. He wins the first case on ground of ex-parte and looses in appeal made by General Person in court of DC and again in court of commissioner in on grounds of Limitations of 30 Years for filing a restoration case. Judgement came in 2014, No appeal filed by SC's descendants in High Court.
All papers related to Land are good except above point.
Wants to buy this land but since this has been SC Land previously, I am concerned. Can that SC's descendants put litigation again, if yes, to what extent?
