• A land dispute waiting for 1st hearing for 11 years in high court

Respected Sir,
Please take this case seriously as we have been waiting for the 1st hearing of this case for 11 years pending in High court of Nainitaal. We are 3 persons who had a land dispute with another party. We are the real owners of this agricultural land inherited from our ancestors.  But a person(my late grandfather’s brother) who was not the owner of this land sold this land to the opposition party by making an IKRAARNAMA . 

When the case was filed in civil court, Judge gave his verdict in our favor as it was natural because he could not sell that property legally.  But the session court(ADJ) change the verdict in opposition’s favor by taking bribe. We filed an appeal in High court in 2003 & got stay on sessions verdict. Our main problem is not the case itself as we will surely win it. 

We are worried of the very late hearing in High court. 11 years have passed & till today we are waiting for 1st hearing of this case. In spite of repeated requests to the High Court & Supreme Court administrations we did not get any result. We filed many RTIs in High Court & Supreme Court for the early hearing of the case. But all went in vain. The land is now under opposition’s control as they have much strength. Last year we sold the land as we are the real owner of this land according to government records( property is registered on my name in Tehsil).

Now problem is that opposition party is forcing the New party(whom we have sold the land) to leave the land. If the case does not finalize in some days we have to return the money. Our family is under intense pressure as how to come out of the situation. 

PLEASE TELL SOME DEFINITE WAYS SO THAT THIS CASE CAN GET ITS 1ST HEARING IN HIGH COURT. I would be highly obliged to you.

Yours Faithfully
TEJPAL SINGH
Asked 2 years ago in Property Law from Haridwar, Uttarakhand
1) you must have disclosed to purchaser the dispute pending in court . 

2) if the purchaser has inspected original papers and have done due diligence you have nothing to fear . you have not suppressed any facts from purchaser . 

3) you are not bound to return  money to purchaser . 


4) if you are a senior citizen you can make application to HC for expedited hearing of your case
Ajay Sethi
Advocate, Mumbai
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make application to HC for expedited hearing of your case
Rajeev Bari
Advocate, New Delhi
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Did you file RTIs to High Court under legal advice of our lawyer? Were you not told that RTI is not maintainable in the first instance respecting the query you wanted to ask? You got on nerves of the High Court by filing RTIs when High Court was not even obligated under law to reply to your RTIs in respect of the query raised therein. 

There seems to be something wrong somewhere as it should not have taken longer than a few months for the hearing to be scheduled in this High Court after stay had been granted. Follow up with your lawyer and inquire as to why the case has not come on board. 

The stay was granted by the High Court. Hence, the purchaser cannot be forced to vacate the land if he has purchased it lawfully with consideration.
Ashish Davessar
Advocate, Jaipur
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