How can the land owner can recover the land.
Querist :
Anonymous
(Querist) 18 January 2010
This query is : Resolved
A Vendee obtained a decree against the land owner in respect of some lands in a suit filed case. The land owner admitted that he has handed over the physical possession of the lands to the vendee in a court, when the case was settled out of court settlement and a decree passed accordingly. But the vendee did not get the registration of a sale deed either through the land owner or through the court. The vendee has failed to approach the civil court for registration of a sale deed. In the mean while the period of 12 years have been lapsed.
Now how the land owner can recover the land, which was handed over to the vendee earlier. What is the procedure the owner has to follow?
niranjan
(Expert) 18 January 2010
Vendee mat still issue notice to the owner for registering the document,however if he does not come forward,file fresh suit.
N RAMESH.
(Expert) 18 January 2010
The term/relationship, Vendor and vendee normally used in completed sale.
I suppose you are talking about agreement for sale.
The vendee(as you said) will remain as agreement holder and will not be treated as owner.
Title remains with the owner. Hence owner can file suit for recovery of possession based on title.
Querist :
Anonymous
(Querist) 19 January 2010
Respected Ramesh garu, Namaste.
It is true that the owner is entitiled to file a suit for recovery of possession, as the title vexed with him.
If we think alternatively, since the physical possession of the lands have already been handed over to the vendee, as per the compromise decree, we want to know whether he(vendee) is entitiled to file a declaration suit against the said lands or not even after the limitation period of 12 years, on the basis of the possession.
