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2011 Supreme(AP) 143

R.KANTHA RAO
Kuthuru Narasimha Reddy – Appellant
Versus
Pusala Venkataiah – Respondent


Advocates Appeared:
Mr. P. Srinivas, Counsel for the Appellant.
Mr. Y, Jagan Mohan, Counsel for the Respondents (not present).

Judgement Key Points

Key Points: - The entries in revenue records like Pattadar Pass are evidence of title or possession but not absolute proof; civil court can adjudicate genuineness of entries and void them based on other material. (!) - In a second appeal, findings of fact by the first appellate court are binding unless perverse or unsupported by evidence; substantial questions of law are required for interference. (!) - Revenue authorities are not competent to adjudicate title beyond limited purposes; records are evidence subject to civil court scrutiny, which may declare proceedings void if improper. (!) - First appellate Court’s reversal of trial Court’s injunction and grant of injunction over entire suit land can be upheld if supported by evidence; appellate findings are final on findings of fact. (!) - Where the MRO certificate was issued during pendency of suit and proceedings were not properly supported by records, there is a lapse, but civil court can scrutinize such entries. (!) - The civil court may grant perpetual injunction if plaintiffs prove possession and ancestral rights despite conflicting entries. (!) - Second Appeal against the appellate decision was dismissed; no substantial question of law was involved. (!)

What is the effect of entries in revenue records under AP Rights in Land and Pattadar Pass Books Act on title and possession?

What are the scope and limits of civil court review of revenue record entries under the Act and Section 100 CPC in second appeals?

What is the correct approach to determining injunctions and possession where an MRO certificate and unregistered sale deed are involved?


JUDGMENT

Being aggrieved by the judgment and decree dated 12.04.1999 in AS.No.1 of 1998 passed by the Senior Civil Judge, Huzurabad, setting aside the judgment and decree dated 02.05.1997 passed in 0.s.No.1132 of 1992 by the District Munsif, Huzurabad, and granting permanent injunction in favour of the plaintiffs respondents, restraining the appellant defendant from interfering with the possession of the plaintiffs over the entire suit schedule land, the defendant filed the Second Appeal.

2. The plaintiffs filed the suit in respect of an agricultural land of an extent of Ac.2.17 guntas wet land in Survey No.501 situated at Saidapur Revenue Mandal, for the relief of perpetual injunction, contending that the plaint schedule land is the land belonging to their father, it is their ancestral property and that they have been in possession and enjoyment of the same.

3. On the other hand, the defendant contended that the father of the plaintiffs and his brothers sold Ac.1.00 of land, out of the plaint schedule land of Ac.2.17 guntas, in Sy.No.501, to him, under an unregistered sale deed dated 09.09.1960 and since the date of purchase he has been in possession and enjoyment of the same.

4. Befo













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