Sir, My father Sri Bhagirath Roy Son of Late Bhupendra Roy is going through a very painful situation .Please suggest me what step can be taken against below situation: Hiralal Das had purchased the land by a registered Sale-deed No.1300, dated 03.09.1950 from the original owner Rajendralal Chakraborty My Grand father Bhupendra Roy purchased land from Hiralal Das by a registered Sale-deed No.1-400, dated 04.02.1977 and got possession of the suit land from the seller. After purchase the land was mutated in the name of Bhupendra Roy in Khatian No.5279 of Mouja Dharmanagar Town for an area measuring 0.320 acres. Sudden Suklal Das brother of of Hiralal Das registered as Objection Case No.18 dated 16.07.1983 before the sattlement authority with a judgment and decree of T.S. 5 of 1963 and against his brother Hiralal Das claiming the land was purchased by Hiralal Das in his own name for which money was sent by Suklal Das from bangladesh.On the basis of that judgment and decree the Kanungo of the Settlement Department passed order in favour of the plaintiffs and the record of right was prepared in the name of the Suklal Das showing the Bhupendra Roy as permissive possessors . honorable lower court and High court given the adverse decree . judgement may kindly seen in below link. please kindly help me , http://tsu.trp.nic.in/highcourt/page/frmdisplay_file.aspx?randomNumber=96693
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) your grand father should filed case of cheating criminal breach of trust against seller
2) the title to property is not clear and marketable
3) he should have sued the seller on basis of indemnity clause and sought refund of money paid with interest
4) better settle issue with sukal das
1. It appears on the basis of the said decree only the settlement records was cancelled. The title of your father is still untouched.
2. Since your father was bona fide owner of the said property without notice the decree granted by sukla das isn't binding on your father.
3. Since physical possession is still under your father, he faces no immediate threat.
4. On this ground you can challenge the decision of high court before the supreme court in SLP.
5. Feel free to contact me if you wish to file SLP in supreme court.
What is your query?
You have narrated the story of what has happened but have not stated what relief you seek by posting this query.
What is the status of the property now.
Whether your father handed over possession or the opposite property has filed an execution petition and taken possession through court?
You may revert with details and the proper query as well.
1. Since the appeals before the HC have failed the only and last legal remedy for your father is to move the Supreme Court through a SLP. Without perusing the case papers it is not possible to advise. So consult a lawyer with the complete set of documents.
2. The limitation to file the SLP is 90 days.
