Hi
Response to Query 1:
With reference to the Tahsildar, refusing to issue patta passbook on account of land being sold to villagers, please check whether
1) Any registered sale deed is executed and
2) if any sale deed is registered then whether any civil dispute has been filed in court having jurisdiction
If there is no registered sale deed or any civil dispute pending adjudication in any court of law, you can appeal to the following persons in following order for issue of patta passbook,
Revenue divisional officer, District Revenue officer, District collector.
In case you do not get any reply from all three of the above, you can approach the High court and file a writ petition.
Response to Query 2:
An unregistered agreement to sell (october 2018) is not admissible as evidence, but can be used as a reference to know the intention of parties in court of law. So , your opponent may rely on the unregistered agreement to sell document to prove his case at any point of time till October 2021(3 years limitation)
Response to Query 3:
Courts generally do not permit the seller to claim benefits arising out of increase in land rates, if the delay in executing the sale deed is on account of seller. however if the delay in executing a sale deed is on account of buyer, then the court may be inclined to direct the buyer to pay the prevailing market rates.
In order to cancel the October 2018 agreement to sell, you should
a) first issue notice to the buyer, asking him to come forward to perform his part of contract and
b) if he fails to perform his part of contract within 30 days, then you can then issue the agreement to sell cancellation notice.
So, technically you should send two notices as detailed above.
Response to Query 4.
You can file a case in lok adalat as lok adalat is faster and cheaper and the decree passed by lok adalat is equivalent to that of district court. But , you should be aware that lok adalat passes orders based on compromises between the parties and if no compromise is arrived between the parties, then the lok adalat may refer the case to regular court.
Hope this information is useful.