Agriculture land case after 25 years
my father bought land before 25 years from seller. after bought 20 years seller was live and he died .. and seller's son was died as well , now his son (grand son) claimed for that land ...we have dastavej,sign and proof all documetn, and we have land at the moment (we are using still) we was win case in lower court,(collector ) and his applied again in revenue court in 1996,
still cas going on case
he can claimed after 25 years selled land
please sir help us for this and advice us what we should do
Asked in Civil Law from Palanpur, Gujarat
1) I presume it was self acquired land of seller
2) once he has sold la d through regd sale deed your father would be absolute owner of land
3) grandson cannot after 25 years claim any share in said land
Hi, Now the legal heirs of the seller can't claim the property after 25 years of the sell, it is better you have to contest the case in the appeal also in order to protect your interest.
The appeal is pending before the appellate court. The legal heirs of seller can succeed only if they can prove that the property was ancestral for them at the time of sale or that the sale deed was not executed in accordance with law. Defend the appeal.
Your question is not understood.
He filed a case in the lower court which was decided agaisnt him and in your favor.
He has preferred an appeal in the year 1996 and the same is pending for 20 years.
You have not stated the status of the appeal case.
You have not asked for the any clarification
There is no mention about the nature of case
What is the relief you are seeking by posting this question here
If you have all the documents conferring your title to the property in tact, you do not have to worry about the case.
Such type of greedy people will emerge to grab the property of others on one or the other pretext, so better follow up the case properly without showing any relaxation while the proceedings are going on.
in your case, since the sale was completed 25 years of ago and the property has been in your possession, you are the owner.
You also have all the documents.
You had also won in the lower court.
The other side is just dragging the case to the collector.
Technically Res judicata (Order 7 Rule 11 of CPC) will apply..
The rule of res judicata is a rule estoppel by judgment based on the public policy that there should be a finality to litigation and no one should be vexed twice for the same cause.
You should apply to the revenue court seeking to quash the petition on grounds of Res Judicata. If the Revenue court does not dismiss the petition within 2 months, apply for quash petition in the high court on the grounds of Res judicata.
you will win the case. NO WORRIES.