Suit for declaration of title and pocession
Priya Ranjan
(Querist) 13 July 2018
This query is : Open
Dear Experts,
Kindly help me in the below case. I would like to know the possibility to succeed in this case as my father "B" got cheated by others.
In a sale deed dated June 1992, “A” & “B” sold agriculture lands bearing survey no.1,2,4 to “C”. None of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (actually survey no.3 is “B”s property and he is not willing to sell it).
From 1983 to upto date (around 35years) “B” having EC on his name for survey no.3 along with sale deed. But “C” is having illegal possession and mutation without a sale deed (title deed).
Now Can “B” file a suit for possession, mutation and permanent injunction against “C”? Kindly guide me the necessary steps and provisions under law. Thank you.
K Rajasekharan
(Expert) 14 July 2018
That means C illegally holds possession of 3 and illegally mutated it without a valid property transfer document whereas the owner of 3 is B who has not yet sold it to anyone and holds title and EC in his name but without possession of the land.
Illegal mutation without a title deed has no value at all. Therefore B has every chance to win the case in his favour, if the facts given here are true.
If C can prove that his possession is adverse possession for more than 12 years he can fight against B on that count as B has no much chance to file a case after the period of limitation.
Priya Ranjan
(Querist) 15 July 2018
Thank you so much for your kind opinion/suggestion Rajasekharan sir.
