Old owner lost the case and filed a new case with others
harish hari
(Querist) 17 April 2023
This query is : Resolved
PLEASE SHOW SOME PATIENCE READING THIS POST AS I HAVE EXPLAINED IN BRIEF FOR BETTER UNDERSTANDING WHICH WILL BE HELPFUL FOR EXPERTS TO TAKE CORRECT DECISION.
i explained the problem in breif. for more understanding i will try to give more clarification by explaining in points . i changed the names for privacy .
1.Th actual owner in 1965 lets call him ( old owner). he has 2.5 acres of land. so in 1965 he sold the enitre land to different persons by dividing the land into portions. the entire land has survey numbers as 120, 121 and 123( i changed the suvery numbers for privacy here). as it was a combined land and it is in 1965 the revenue recored were not digitalized and enter manually..
2.lets come to dispue land. in 1965 the old owner sold the portion of the land "BUYER A" which is now in dispute. in 1965 he wrote the sale deed in an unregistered sale deed. he mentioned the borders of the land correctly and entered the survry number as 120 and 121. in the unregistered sale deed. but presently (2020) that portion the land with mentioned borders has a survey number as 123.
3. AS "BUYER A" bought the land from the OLD OWNERr he is in possession now and enjoying the land and digged one well and cultivating the crops. the old owner sold the antire land and went to some other place and settled there. he forgot about these land and living his life as he sold the entire land.
4. In 1983 the "BUYER A" who is in possession of this land which was bought from the OLD OWNER sold to "BUYER B" through unregistered sale deed. with the same borders and same survey numbers as 120 and 121.
5. Now "Buyer B" is in possession and enjoying the land he is cultivating the crops and enjoying.
6. in 2003. the "BUYER B" sold the same land with same borders as it is . to "BUYER C" Through a registered sale deed. with mentioning the survey numbers as 120 and 121. now "BUYER C" is in the possession.
here we can notice that the transfer of ownership is occuring through unregistred and registred sale deed since 1965. but mutuation is not occuring.
NOW THE DISPUTE GAME SATRTS HERE.
Due to real estate boom. Land Grabbers starting grabbing the land by catching the msitakes done in the olden days. some land grabbers noticed that the land bought by the "Buyer C" has survey number issue because in the registered document it is entered as 120 and 121 but int the revenue records it is as 123. for the land mentioned int he document
7. Now the land garbbers approaced the "OLD OWNER" who sold the land in 1965 and planned to grab the land which was already sold by him.
8. with the old documents he tried to take the possesion of that land from the "BUYER C" but the " BUYER C" who bought the land and already in the possesion refused to move from the land.Â
9.the OLD OWNER filed a civil suit in 2007 that claiming that land is his and he is in possession and shown that the porton of land is in survey number 123. and not in 120 and 121. here we can notice that the OLD OWNER himself sold the land in 1965 with the same borders but mentioned survey nu,ber as 120 and 121.
10. the old OWNER FILEDÂ for permanant injuction. as he is not in the possesion the court rejected the permanant injuction order.
11. the case is pedning in the court.
12. during the case is pending in 2008 the OLD OWNERÂ DID the gift deed for that portion of the land. to his son. lets cal him OLD OWNER SON.
13. In 2017  they came to know that they are about to loose the case and did a SALE DEED to one of the land grabber. lets call him LAND "GRABBER A". they did this sale did even the case is still pending in the court.
14. in "2019" THE FINAL JUDGEMENT TIME . THE OLD OWNER DID NOT HAVE ANY PROOFS TO PRROVE THAT HE IS IN THE POSSESION AND COURT BELIEVD THAT THE LAND WAS ALREADY SOLD BY HIM. SO HE DID NOT ATTEND THE COURT ON JUDGEMENT DAY.
15. JUDGEMENT IS GIVE AS "THE CASE IS DISMISSED FOR DEFAULT" .
16. SOÂ , here we can understand that the OLD OWNER LOST THE CASE.Â
17. as these "LAND GRABBERS" LOST the case. they have planned file a new case for the same issue with the other parties. so they did the "SALE DEED"  to other Land Grabbers. IN 2020.
18. SO , now the new "LAND GRABBERS"  filed a new case against the "Buyer C".
19. now the case is pending in the court.
we can observe that the OLD OWNER LOST THE CASE AGAINST THE " BUYER C "Â hetransferred the land to others using his old documents even the case is pending in the court. the transfer of owner ship is done two times in 2007 and 2017 while the case is pending . and even after the lossing the case they did another transfer of ownership for the same disputed land. in 2020.
now are these documents valid.?
because here we can see that the transfer of ownership is done by the OLD OWNER. who lost the case and he traffered the ownership during the case is pending in the court.
is this transfer of ownership done during the case is pending is valid?
are these documents valid which is done by the OLD OWNER who lost the Case against "Buyer C".
how many days should the "Buyer C" FIGHT IN THE COURT with these land garbbers.
can we file a criminal case on these land grabbers for the contempt of the court because of creating fraudlent documents. even after lossing the case in the court.
i will appreciate you for studying these and sharing your knowledge for giving the better inputs.Â
Thank you.
T. Kalaiselvan, Advocate
(Expert) 18 April 2023
First of all the transfer of land by an unregistered document in the initial stage itself is not legally valid.
However the case was dismissed for default and not on merits hence in the absence of restrain order the original owner played all the games of transferring the property subsequently in favor of plenty of people though may not be valid in the eyes of law, he was not restricted from doing so by the actually aggrieved parties.
If the aggrieved parties had filed a counter claim for declaration of title by adverse possession and as well as for an order o permanent injunction restraining the plaintiffs from alienating the property in any manner, then the defendants could have filed a contempt of court case against the people who violated the court order.
Your elaborate narration of the details through the above post clearly indicates lot of technical flaws and the improper manner of handling the matter till now may not fetch you proper remedy until and unless you once again analyse all the facts, discuss at length with an experienced lawyer in the local and start a fresh suit seeking proper relief and remedy.
harish hari
(Querist) 18 April 2023
HI KALAISELVAN, sir. thanks for the inputs and suggestions.
