Seller fails to refund as per decree within 3 months in land case
Sir/ Madam
The case is relating to agricultural land , the facts are as under
1. Our uncle entered into a contract in 1970 to purchase agricultural land measuring 21 acres in Karnataka state for a consideration of Rs. 2,10, 000/- in all.
2. The amount was paid partly and entire amount was paid by 1975. the seller gave receipt for the same and handed over the possession of land in 1970 itself.
3 Due to land ceiling the prevailing at that time the sale deed could not be executed. the seller had excess land to the tune of 56 acres. But my uncle's name was entered in the Records of rights as Cultivator of the land in 1975 on the application of seller to Assistant Commissioner.
4. in the year 1985 my uncle moved the local court for specific performance of the contract. by the seller.
5. in the year 1987 , my uncle gave general power of attorney to my father and three of his children's ( to my brothers and me) to cultivate the land and to conduct the case.
6.The seller passed away and his legal heirs were brought on record.
7. in 1997 the court ordered as under
"The suit in respect of plaintiff is decreed with cost as under;
The plaintiff is entitled for a refund amount from the LRS of the deceased defendant. The LRS of the deceased defendants are directed to refund the consideration amount of Rs. 2,10,000, to the plaintiff . The said amount is directed to be paid at the interest of 18% pa from the date of respective payment made by plaintiff No 1 dated 22-7-70, 30-12-1970, 6-9-1972, and 14-10-72, and 12-8-75 as per the ex ps 8 to 12, till the date of order and further they are directed to pay the said sum at the 12% int pa from the date of the order till realization of the entire decreetal dues. The LRS are directed to pay the said amount to the plaintiff within 3 months from the date of order. The relief of specific performance is refused. The plaintiff is in possession of the suit land. Hence the defendant may get the decree for possession.
Dated 4th July 1997 Sd/-
Place: xxxxx (Judge)
8 We filed for stay and appeal. stay got vacated in 1998 February, During the pendancy of appeal our uncle and my father passed away. We got a fresh GPA in the name of us ( my brothers and myself). from the legal heirs of our uncle.
9. in 2010 the LRS of Defendant filed case for possession of land without paying the refund amount with interest as directed by the court.
10. in April 2014 we withdrew the appeal case which was filed in 1997.
11. in November 2014 our opponent gave a memo to the court to deposit the refund money with interest , which we opposed as it was barred by limitation
12. Court refused their memo as not maintainable under law.
Now we request your considerate advice on the following:
1. The case for possession by our opponent is still pending in the same court which refused to deposit the amount. Will the court reject their plea for possession as they filed case for possession after 12 years and 5 months without paying the refund amount first.
2. if the case is rejected , do we get the land legally by way of adverse possession? as we are in possession of the land till now. or do we need to go again to court to get the land in our favour.
3. what other advice you wish to give
Asked 8 years ago in Property Law
Religion: Christian
Hi
The case for possession was filed in 2010 by opponent after 13 years even while the appeal was running.
They should have then waited till the verdict on appeal. No body prevented them depositing the refund money into the court as they did now in 2014.
Is it possible for us to get the possession even if it takes further litigation as we have many documents with us where the seller made statements and undertaking before the competent authority that the land has been sold to my uncle.
Asked 8 years ago
