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ARIJIT BANERJEE, APURBA SINHA RAY
Nilgiri Estates LLP – Appellant
Versus
J. J. Automotive Private Limited – Respondent
JUDGMENT :
ARIJIT BANERJEE, J.
1. This appeal is directed against two orders dated November 14, 2022 and December 2, 2022, respectively, passed by a learned Single Judge disposing of WPA No. 18139 of 2022 filed by the respondent nos. 1 to 11 herein. By the orders impugned in this appeal, the learned Judge set aside an order dated May 14, 2022, passed by the Assessor Collector (South), Kolkata Municipal Corporation, adding the name of the appellant as lessee of the property in question.
2. The relevant facts of the case which are somewhat bizarre, in brief are that one Indranath Nandi was the owner of a property situate at 8/2 Palm Avenue, Kolkata-700019, measuring about 97 kathas. He sold the said property by executing a registered deed of conveyance dated June 29, 1944, in favour of one Nabab Moulabi Ali, Haider Khan & Ali Asgar Khan (in short “the Moulabis”) at and for a consideration of Rs. 1,34,000/-. The Moulabis took possession of the said property and got their names mutated as owners thereof in the municipal records.
3. To make payment of the consideration amount of Rs. 1,34,000/- the Moulobis obtained a loan of Rs. 75,000/- from one Kashinath Roy.
4. An agreement dated June 29,
The court ruled that administrative authorities cannot determine leasehold rights without a competent court's declaration, emphasizing the necessity of judicial adjudication for civil rights.
The Supreme Court's determination of property status as non-Thika mandates the municipal corporation to recognize the Petitioner as the lawful owner for record purposes, despite ongoing civil dispute....
Mere possession for a long time does not convert permissive possession into adverse possession. The burden of proof rests on the party claiming adverse possession, and unregistered documents may not ....
Immovable property transfers require a registered deed; agreements to sell or related documents do not confer title and cannot be used for property mutation.
An order made without jurisdiction is null and void, reinforcing the established property rights in land ownership disputes under the Odisha Survey and Settlement Act, 1958.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
Civil Court can review procedural irregularities in tenure matters unless barred by specific statutory provisions, impacting tenant rights and land ownership claims.
The court confirmed that established land settlements must be respected and that authorities cannot alter classifications of land previously settled without valid justification under law.
Procedural irregularities in land settlement undermine title claims; civil courts can intervene if statutory processes lack compliance.
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