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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Kempamma, D/o. Late Rachegowda – Appellant
Versus
Deputy Commissioner – Respondent
| Table of Content |
|---|
| 1. purchase and ownership history of the land (Para 1 , 2) |
| 2. argument on error in survey number and its impact (Para 3 , 5 , 6) |
| 3. court hears both parties' arguments (Para 4 , 7 , 8) |
| 4. factual basis for the petitioners' claim (Para 9 , 10) |
| 5. court's reasoning on rectification necessity (Para 11 , 12) |
| 6. dismissal of writ petitions (Para 13) |
ORDER :
E.S.INDIRESH, J.
These writ petitions are filed by petitioners challenging the order passed by the Assistant Commissioner, Mysuru in RA.No.309/2015, RA.No.310/2015 and RA.No.73/2018, confirmed by the Deputy Commissioner, Mysuru in RP.No.59/2021, RP.No.58/2021 and RP.No.57/2021 dated 20.04.2022 respectively, rejecting the claim made by petitioners and directed petitioners herein to approach the Civil Court for resolution of dispute with regard to the subject land.
2. The brief facts in nutshell for the purpose of adjudication that, petitioners have averred in the writ petitions that, one Sri. Bomme Gowda and late Sri. Rajappa (father of petitioners) have purchased the land in question from one Sri. Govinde Gowda as per the registered Sale Deed dated 16.02.1972 (Annexure-A). Sri. Rache Gowda has purchased the property as per the
The court affirmed that rectifying discrepancies in land sale documents must be pursued through civil court, not administrative authorities, maintaining that revenue authorities lack the jurisdiction....
Sub-Registrar must register deed despite survey number subdivision variation if property identity proven by patta and boundaries.
The correction of revenue records requires rectification of original documents through a competent Civil Court as per Section 26 of the Specific Relief Act, 1963.
Ownership claims require clear evidence of title; mere possession or incorrect records do not suffice.
Revenue records rectification requires prior correction of survey numbers in sale deed.
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