Land dispute - forced possession
V.B.Pise
(Querist) 13 October 2012
This query is : Resolved
1. One Acre agricultural land was purchased by 8 members after making
registered sale deed with the owner in survey no.
2/3/1 of Village Man, Taluka Mulshi, Dist. Pune, date of Registered sale deed was 2nd March 2005
2. P ice for one acre as per document is 28lakhs by cheques of all
members in proportion to their share in one acre land.
3. The conditions like a) making N.A. of the land by seller in next 3
months after sale deed and b) giving 9.0 meter wide tar road up to the
plot from main Govt. road were put in the registered sale deed, due
to these condition , cheques of part amount (Rs. 14lakhs) were given as
post dated cheques of 15th June 2005 and the cheques of all members recorded in the in the sale deed.
C) Condition of stopping payment of
postdated cheques on due date in the case of not making N.A. of the land and not giving tar road was also part of sale deed.
4. After 15th June 2005, the cheques of 15th June were stopped by all purchasers as per condition of sale deed. Previous owner was told
about the same and he did not made any move for making N.A. or 9m.wide tar road. All members even told him that he can get part payment
on making road and balance on making N.A. but he did not move in last 8 years.
5. On 13th Nov. 2006, i.e. after a period of 1year and 8 months,Tahsildar, Mulshi Sub division gave orders to enter the names of 6
members in 7/12 extracts and piece of land of 2 members ( even it was
one sale deed of 8 members) was attached to Govt. under 84 ( C) ULC act.
6. Two aggrieved members appealed to Dy .Collector with their proofs
of having farmers to the Dy. Collector, Maval subdivision under Collector, Pune. The case was not cleared and kept pending for nearly
5 years in the office, Finally it was cleared and order was given to Tahsildar to cross check and further order Talathi to enter the names
of 2 members in 7/12 extracts. Accordingly the names of 2 members were
entered in 7/12 extracts on 27th April 2012. Mr. Sameer Pise and Mr.
Gopal Pulipati).
Mr. Sameer Pise whose land was under 84(c ) up to 27th April 2012,found that past owner has constructed shed forcibly on his plot. When asked through mediators to owner for the
same, He said he has constructed as it was Govt. land. When he was told about the 7/12 extract for the land, He said that he will
repurchase the land of all. Mr. Sameer Pise through mediators asked him to pay for Min. 10lakhs for his part of 5gunthas. He said he can give only 4.50 lakhs for 5 gunthas. He and other 3 members decided to sale their parts to outside buyers.
But he objected to the offer for sale as he has not been fully paid.
Members said all have not paid the balance amount as the same is stopped in bank due to terms of agreement for not making N.A. and tar
road as per sale deed terms.
7. In mean time one member resold his part of the land to the past owner due to his financial problem.
8. Now 3 members want to sale their part of land( 5+6+6= 17 gunthas)to outside party. But forced possession (Kabja) on 5 guntha of Mr.
Sameer pise Is causing problem. Other 2 members want to sale 12 guntha
9.Now how to resolve the issue legally for forced kabja on 5 guntha. Pl. advise.
ajay sethi
(Expert) 13 October 2012
they will have to file suit for declaration that they are owners of 5 gunthas and for removal of encroachments on the 5 gunthas by the seller .
