Facts as below
a) Deed of sale was entered between developer of a plot and owner of an adjoining plot in 1997. This was registered. Additionally, Articles of Agreement on usage of land was also entered between above 2 parties. Articles of usage specified that the sale was being made only for transfer of FSI and not for plot sale. Land as mentioned in sale deed is not to be sold but only FSI is to be utilised. In event of non usage of FSI, re-purchase option is to be given to the original owner. These articles were not registered
b) In 2001, developer maliciously sold the land as mentioned in the sale deed to the society which was formed on the developed land for consideration. However, land is still in possession of original owner.
Can Law of adverse possession be applied and suit moved in court?
Should the developer be sued for breach of contract?
