Dear Sir/Madam,
A Muslim family was granted inam agriculture land in 1980s in Bangalore rural area with a clause to not aleniate the property for period of 12 years. Three years before completion of the non aleniation period they formed a layout, made a sale agreement, received sale consideration, registered irrevocable and all power GPA to various buyers. The buyers then got the sale deed registered in their spouse name after completion of non aleniation period (1995).
The layout was in as is condition without any construction, in 2005, the Muslim family has partitioned the land among thier family members and got the pahahi (RTC) updated without knowledge of aforesaid site buyers. The Muslim family has not paid any taxes to date to any of the department.
One of the site buyers (petitioner) started paying taxes from 2009 for the vacant land. Tax were paid by petitioner from 2009 only, Katha and Encumbrance certificate stands in the name of petitioner to date.
The Muslim family taking advantage of being occupant of a portion of the layout, have started claiming that they didn't sell the property and prevented entry into layout. They also claim that they are peaceful pocession todate.
The petitioner filed an OS in trial court for injunction in 2016 (claiming that they were under peaceful pocession) the defendants have made a written statement that they never sold the property and also they are peaceful pocession to date.
Please can you help with relavant citation, sale consideration during non aleniation period, partition of property within family even after selling the property before completion of 12 years in case they claim adverse pocession, can the Muslim family claim adverse pocession (the layout was bare empty whenever petitioner inpected only recently they have put up sheds) - they have anyways not admitted that they sold the property.