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Clarification on land title after sale
27-Mar-2023 (In Property Law)
I have purchased a agriculture land in 2002 having my name in Revenue record since then and the seller of land purchased land further two year back in 2000 from original seller who gets land from gram sabha as a patta who is converted at the time of sale as sankarmanye bhumidar. Now after so many years some village person file a civil suit to cancel the sale deed by asking that patta in the name of original owner was wrongly converted to sankarmanya bhumidhar. At the time of sale the name of owner was registered in revenue record as sankarmanyay bhumidhar. whether after so much of time any body can file such a suit ?
Yes the person can file a suit after a long time mentioning condonation of delay according to the Section 5 of the Indian Limitation Act, 1963 which runs as follows:
5. Extension of prescribed period in certain cases: Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation: The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
5. Extension of prescribed period in certain cases: Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation: The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
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Adv. Siddhant Sharma
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