Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss.10 and 14 Tamil Nadu Patta Pass Book Act 1983 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Tamil Nadu Patta Pass Book Act, 1983 (4 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Tamil Nadu Patta Pass Book Act, 1983 – ss.10 and 14 – State of Tamil Nadu issued various notifications seeking to acquire 49.67 acres of land – Registered deed of assignment was executed by Governor of Madras in favour of WSIL (appellant in C.A. No. 1319 of 2017) for 46.04 acres, including the disputed land – WSIL availed loans from banks, secured by deposit of title deeds of disputed lands – Appellant in C.A. No.1318/17 claims an assignment of debts of WSIL – Govt. Order issued by State of Tamil Nadu empowered the District Revenue Officer (DRO) to rectify defects that may have occurred in course of updating records in land registry – 1st respondent sought cancellation of patta in favour of WSIL – During the pendency of proceedings, letter was addressed to Tehsildar for enquiring into 1st respondent’s claim – Recommendation made to cancel patta standing in the name of WSIL – Ordered by DRO – WSIL filed writ petition– Allowed by Single Judge – Division Bench restored order passed by DRO– Held: Deed of assignment specifically records that the lands vested in State of Tamil Nadu free of all encumbrances and were allotted to WSIL– Entire case of 1st respondent was founded on alleged sale deed of 09.10.1929 under which his father acquired the land and an alleged oral lease, by which the land was leased in favour of WSIL in 1963 – Neither sale deed nor the terms of alleged oral lease were produced – Once the lands were acquired by State of Tamil Nadu, any pre-existing claim of 1st respondent stood extinguished – Under the 1983 Act and 1987 Rules, the Tahsildar is not empowered to adjudicate upon a ‘title dispute’ – A combined reading of s.14 & r.4(4) indicates that where there is dispute w.r.t ownership of a land between parties w.r.t a patta entry, the correct procedure is to approach a civil court having competent jurisdiction – Entry records will be updated on the basis of its decree upon adjudication – Further, the purpose of the Govt. Order was to enable the DRO to rectify defects in land registry – DRO exceeded his jurisdiction by engaging in an exercise of investigating the title to the disputed land and substituting the 1st respondent with appellant in land records – Judgment of Division Bench and DRO is set aside while that of Single Judge is restored– Tamil Nadu Patta Pass Book Rules 1987 – r.4(4) – Land Acquisition Act, 1894. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 139 |
Petitioner | M/s. Edelweiss Asset Construction Company Limited |
Respondent | R. Perumalswamy And Ors. |
SCR | [2020] 3 S.C.R. 1161 |
Judgement Date | 2020-02-06 |
Case Number | 1318 |
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