IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Appellate Jurisdiction)
C.M.A. No. 434 of 2023
S. Muralidharan
v.
The State of Tamil Nadu
Counsel for Appellant: Mr. R. Senthil Kumar
Counsel for Respondent: Government Advocate
Hon'ble Mr. Justice N. Anand Venkatesh
Dated: 15.06.2023
JUDGMENT
1. This Civil Miscellaneous Appeal is directed against the order dated 12.01.2022 passed by the learned District Judge, Thanjavur in A.S. No. 45 of 2018, which dismissed the appeal filed by the appellant herein.
2. The facts leading to the present dispute are that the appellant filed a suit for declaration of title and recovery of possession in respect of the suit property. The trial court, after considering the evidence, decreed the suit in favor of the appellant.
The respondent state challenged the said decree before the first appellate court.
3. The first appellate court, however, reversed the findings of the trial court on the following grounds:
i) The documents produced by the appellant were found to be insufficient to prove absolute title.
ii) The revenue records stood in the name of the State Government for the last 30 years.
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4. The appellant contends that the first appellate court failed to appreciate the registered sale deed of 1954, which clearly conveys the property to his predecessors-in-title.
5. Having heard both sides and perused the materials on record, this Court finds that the first appellate court erred in ignoring the registered document. It is a settled principle of law that revenue entries are for fiscal purposes and do not confer title.
The court refers to the following table of dates for clarity:
| Date | Event |
|---|---|
| 1954 | Execution of Sale Deed |
| 1980 | Entry in Revenue Records in favor of State |
| 2015 | Filing of Original Suit |
6. In the result, the appeal is allowed. The judgment and decree of the trial court are restored.
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