If B trespassed and dispossessed A from property. Both does not have title. A can file suit against B under article 64 but what will happen in our case as plaintiff.
A is a legal heir of property based on family arrangement and has no documentary title. On paper title is with C who is uncle of A. But it was accepted in the family that property is joint property of C and father of A. Accordingly, A was in settled possession as legal heir. A was dispossessed by brothers of A & C. B did not took part in Illegal dispossession. But dispossession was at behest of B and he was aware of it.
Post dispossession, Property was handed over to the B by brothers of A & C. It is shown that C is the full owner and property sold to B by C through unregistered sale deed. Govt. Authorities were bribed and they mutated the property in the name of B on the strength of unregistered sale deed.
A failed to take benefit of section 6 of SRA could not approached court being very poor. Approached the court after six month when property mutated in the name of B. Suit is for recovery of possession based on previous possession cancellation of transfer in the name of B by govt. authority. Suit is against brothers of A, B, and C. Only B appeared and took the plea that he is lawful owner and purchased property from C and took peaceful possession from C and not aware about the dispossession of A by C. Govt. Authority appeared but did not file ws. Brothers of A & C are ex parte.
Plaintiff is represented through state legal aid. Hence kindly help.
Transfer is illegal as it is based on unregistered sale deed. Hence my first question is that 1. When transfer will be held illegal, whether B will be considered as tress passer on near tress passer of property?
2. Is it still possible for plaintiff to recover possession based on previous possession when B is not involved in dispossession of A.?
3. Whether A has good chance to get back possession if he prove his dispossession and settled possession?
4. Whether article 64 of limitation act is attracted and whether case of Nair service society vs K. C. Alexander is correctly fits here?
5. Your valuable view on this.
Thank you.
