b d suman
Asked September 12, 2016

Sale of land when both parties are Schedule caste

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We have purchased an agricultural land in 2003 from someone who obtained from gram panchayat by patta in 1976 which is converted into bhumidhar but lekhpal refused to mutation with the objection that prior permission was not obtained from S.D.M., which must be done when seller/purchaser both are schedule caste. Land is attached with Rajya Sarkar. I have filed a suit in High Court Lko against lekhpal's decision with stay order. otherside same lekhpal has mutated in other two cases which are same nature to my case. we have provided two judgement of Allahabad High court to high court lko. where it is said that sc to sc , there is no requirement of any prior permission . permission clause is not included in new Rajaswa Sanhita which is imlemented by this Govt.. my case is being leaded by a learned Counsel in High Court LKo since 2007. Please guide in this matter.

Answer 1

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SAURABH KUMAR

According to Section 27 of the Limitation Act, 1963, the rights to any property cease to exist if there were no legal objections 20 years after the said property’s ownership/possession was said to be disputed.  In this case, if the government did not institute any legal claim till 1996, then they have exhausted any legal right they so claim to hold over the property.

If the permission clause was absent in 2003, it will not affect the case in any ways. However, if such a rule was present then and you had not followed , then it could potentially be used against you. This is because the Limitation Act does not apply in cases when there has been a mistake/omission, for example- if someone forges a document and portrays a property to be his own, transfers “ownership” to you, you will NOT be under any limitation to file a case against him even if twenty years or more pass by as you bought the property due to a mistake on your part.

 

Order VII Rule 14, Section 151 or Order 18 Rule 17 of the Civil Procedure Code can also be used in this case, asking the court to admit fresh evidence or look into previously non considered evidences to put across the exceptions granted in the two cases and state government rules.

 

 

Agree Comment 0 Agrees about 1 year ago

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