Dear legal experts,
I would request for your guidance on the below case.
My brother purchased 3 acres of agricultural land near Hyderabad in 1993 from the pattadar and took possession.There was delay in getting it mutated in revenue records. The pattadar with the connivance of Village Revenue Officer got the pattadar name changed in the next year's village revenue records to that of his wife. No registered or unregistered deed is executed by him in this record.He got it sold in 1996 to another person by his wife, illegally claiming as pattadar. The person who purchased got it mutated in his name and obtained pattadar pass book and title deed.When the person who purchased tried to take possession, it was resisted.He moved the court for perpetual injunction. My brother submitted to court his sale deed of 1993, Pahani record of 1993, and a certificate from Revenue dept that they have not issued XIIIB certificate for effecting change in revenue record. Court has given several opportunities to the plaintiff to submit his evidence and prove his title. But he did not present it. Finally after several years, the case is dismissed. Immediately, the person sold it to another petson who also got the mutation done in quick time and obtained pattadar pass book and title deed. My brother did not make a counter claim for cancellation of the bogus sale deed. Now, my brother approached Tahasildar for rectification of revenue record, cancellation of pattadar pass book and title deed issued on the basis of sham documents, and issue to him pattadar pass book and title deed. The process is set in motion and issue likely to be resolved in a month' s time. The question is : should my brother approach court for cancellation of bogus sale deeds declared as void and ask for perpetual injunction. Once the revenue dept cancels the pattadar/pass book/ title deed, can the person( not my brother) claim possession. As on date, my brother is in physical possession,However, the presnt revenue record shows, that other person is in possession.
Please advise on actions to be taken by us. The problem is self- inflicted, due to procrastination.
Look forward to your guidance.
Raghunath Reddy T
