An uneducated (buyer 1) villages bought a land from a seller of the same village. The land was sold before the mutation of the land in the name of the seller. subsequently, the buyer 1 sold the land to buyer 2. Meanwhile, the seller fraudulently mutated the land in his name and sold the land to another buyer (buyer3). Buyer 2 on coming to know about the sells deed between seller and buyer 3, filed a complaint case of cheating and fraud against buyer 2. The court passed an order for arrest of the buyer 1 till he returns the money to buyer 2.
The problem herein is:
1. It a case from Arunachal Pradesh wherein the Land Law of the sate has not been codified yet and still functions according to Assam land law upto some extend.
2. Buyer 1 being a very uneducated villager, having no idea of the legal process bought the land by cash on hand and thus, there was no documentary agreement/deed made between the parties.
3. After the seller sold the land to buyer 3, buyer 1 took him to the court of panchayat. the seller confessed to the fact that he had sold the land to buyer 1. (panchanama is the only evidence that the buyer 1 have as a proof to his case).
Can anyone suggest me how to proceed with the case. would be really grateful.