Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land laws: c D Claim for title over property on ground of purchase from patta holders-Held: Not tenable as patta holders themselves conceded before settlement officer that patta was wrongly granted to them- Revenue records show that suit property was throughout enjoyed by defendant and her husband by paying kisht-Even otherwise grant of patta cannot be equated with document of title. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land laws:Claim for title over property on ground of purchase from patta holders - Held: Not tenable as patta holders themselves conceded before settlement officer that patta was wrongly granted to them - Revenue records show that suit property was throughout enjoyed by defendant and her husband by paying kisht - Even otherwise, grant of patta cannot be equated with document of title. The plaintiff-respondent filed suit for declaration of his title and for injunction restraining defendant from interfering with his possession and in alternate for possession of the suit property. The plaintiff claimed that he had purchased the suit property from one 'R' and his daughter 'N', who were pattaholders. The case of defendant was that the settlement patta was wrongly issued for the suit lands to 'R' and 'N' and the sale in favour of plaintiff was by fraud as the village karnam was brother of plaintiff who assisted his brother in bringing the sale deed and when the defendant's husband came to know about the wrong issuance of patta for suit property, he filed application before the settlement authorities for transfer of patta in his favour. 'R' appeared before the Assistant Settlement Officer and conceded that he and his daughter 'N' had no title or possession of the suit property and the patta for the suit property was wrongly granted to them and consented for the transfer of registry for the suit property.Trial Court decreed the suit. First appellate Court set aside the decree. On appeal, High Court restored the order of trial Court. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1305 |
Petitioner | Balasubramanian And Ors. |
Respondent | Ramaiah Thondaman |
SCR | [2007] 13 S.C.R. 756 |
Judgement Date | 2007-12-14 |
Case Number | 452 |
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