Vijay Kumar
20 April 2017 at 22:15
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?
Vijay Kumar
29 May 2012 at 00:36
There is a milkman in my town Ranchi(Jharkhand), he has two cows and is constantly engaged in adultrating milk. Although his cow`s gives around say 10 litres of milk he delivers around 30-35 (twice a day) to all his consumers by mixing water and some kind of powder. Recently a 4 year old child of my maid nearly escaped death due to his milk. Can anyone please suggest me how to teach this guy some lesson. Please note that my maid got her son treated from a private doc. near her home and she dosent have any medical papers or such.
Can a general caste person buy sc land which has been time barred for restoration?
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?