Same property two sale deed - later one is of mine
On 25.06.2002 :
Landlord sold the immovable - agricultural land property to - A on 25/06/2002. The mutation w.r.t. sale deed was created in the name of purchaser but was cancelled by circle officer on 01.07.2002 - As not having "annewari " ( Share mentioned on 7/12) on 7/12 extracts as a consequence Original landlord's name remains on 7/12 extract as it is.
In 2003 :
Co - parcener filed an application in front of Tehsildar for "annewari " correction and the same was allowed on 12/03/2003 and the "annewari " is corrected and mentioned in front of all coparceners. The mutation regarding the "annewari " correction was carried out on 7/12 extract on 19.03.2003 and was certified by circle officer.
On 10.08.2004 :
IN first week of August 2004 the original landlord contacted my father ( Person –B ) and express his willingness to sold the property. We saw the mutation created from tehsildar's order and proceed to carry out the registration of sale deed.
11.08.2004 : (We later came to know )
The talathi has created second time mutation ( He has no right unde MLR code 1966 to create double mutation) w.r.t. sale deed in favour of pereson - A dated 25.06.2002 The same was certified by circle officer on 27.08.2002 without verifying its INDEX-2 extract for year June 2002.
My father render the application in front of Talathi u/s 149 of Maharashtra Land revenue code 1966 for mutation. He had accepted the same.
The talathi has created mutation w.r.t. sale deed in favour of pereson - B dated 10.08.2004 The same was nt certified by circle officer , with comment – No any share of land remains in the name of landlrd.
Person – A filed regular civil suit 22/2013 in civil court for injunction and the same was grandted in his favor on 30/04/2013 sayinf person –A ‘s sale deed is superior than the person – B’ ale deed.
Jun e 2013 :
Person – B filed an appeal u/s 257 in front of Sub-Divisional Officer against second mutation of person – A ‘s sale deed.
Appeal filed by Person – B was decreed partially and he order to revision of mutation of Tehsildar order and second mutation w.r.t person-A mutation.
June 2013 :
Person – B filed suit in front of Sub-Divisional Officer - to declare person-A’s sale deed is invalid in view of Fragmentation act 1947.
Person – B suit was decreed partially and he order to revision of mutation of Tehsildar order and second mutation w.r.t person-A mutation.
Can you help to find out the below questioner and what remedies available to person –B
First sale deed is in incontravention of The Bombay prevention of fragmentation and consolidation of holdings act 1947.
• Can person – A sale deed hold the good title in view of Fragmentation act -1947 section 7(1),8,9 (1,2,3)
• In two sale deed the boundary marks are separate.
• Person – A with his boundary can claim any right over person – B “s boundar mark ( different boundary mark than person – A )
• If person – A sale deed found is in-contravention of the Fragmentation act – can civil court declared sale deed is invalid.
• If civil court so decalred Person-A’s the sale deed invalid.
Please advise me what to do now.
Thanks and regrads