Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SREE SUDHA, J
Sheetal Township Pvt.Ltd. – Appellant
Versus
Telangana University – Respondent
APPEAL SUIT Nos.1728 & 1648 OF 2018 | O.S.No.153 of 2012 | O.S.No.143 of 2012
This 1975 Andhra Pradesh High Court judgment resolves a dispute over title to poramboke land auctioned under Laoni Rules, affirming that purchasers acquired valid ownership upon treasury payment (per Faisal Patti), possession delivery via panchanama, and entry in revenue records like jamabandi and pahani (!) (!) (!) (!) . Plaintiffs' chain of title via registered sale deeds and mutations was upheld, overriding government assertions of retained ownership absent due process or contrary proof (!) (!) (!) .
Core principles include: revenue entries (chowfasla, khasra pahani, setwar) as strong presumptive evidence of title and possession, rebuttable only by clear evidence, not unilateral state action (!) (!) (!) ; decades-long possession (documented in multi-year pahanies) establishing prescriptive rights against state interference (!) (!) (!) ; auction lands under pre-1977 rules not deemed inalienable under subsequent assigned lands prohibitions (!) (!) . Appellate review prioritized aged documents (>30 years, from official custody) over oral testimony or procedural irregularities (!) (!) .
Trial court errors reversed; plaintiffs declared owners with injunction against dispossession (!) (!) . These rulings strengthen claims relying on historical revenue presumptions, auction validity, or adverse possession versus state poramboke assertions.
| Table of Content |
|---|
| 1. filing of appeal suits against judgments. (Para 1 , 2 , 3) |
| 2. description of land ownership and auction process. (Para 4 , 5) |
| 3. plaintiff's action against government land allocation. (Para 6) |
| 4. plaintiff's claim for title and injunction. (Para 7) |
| 5. defendant's claims regarding government ownership. (Para 8 , 9 , 10) |
| 6. allegations of fraudulent issuance of documents. (Para 11 , 12 , 13) |
| 7. court's analysis of evidence presented. (Para 20 , 21 , 22 , 23) |
| 8. testimonies supporting plaintiff's claims. (Para 24 , 25 , 26) |
| 9. defendant's testimony and evidence. (Para 27 , 28 , 29) |
| 10. legal precedents supporting plaintiff's case. (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 11. court's duty in appellate jurisdiction. (Para 36 , 37 , 38 , 39 , 40) |
| 12. court's findings on auction and ownership. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 13. verification of claims and documents. (Para 48 , 49 , 50 , 51 , 52 , 53) |
| 14. conclusion on property rights and government actions. (Para 55 , 56 , 57) |
| 15. court's decision to overturn trial court judgment. (Para 58) |
| 16. final order and closure of the case. (Para 59) |
THE HON’BLE SMT.JUSTICE P.SREE SUDHA APPEAL SUIT Nos.1728 & 1648 OF 2018
COMMON JUDGMENT:
Appeal Suit No.1728 of 2018 is filed against the judgment and decree dated 24.09.2018 passed in O.S.No.153 of 2012 on the file of Senior Civil Judge, Nizamabad.
2. Appeal Suit No.1648 of 2018 is filed against the judgment and decree dated 24.09.2018 passed in O.S.No.143 of 2012 on the file of Senior Civil Judge, Nizamabad.
3. Both the suits are filed by the plaintiff for declaration of title and perpetual injunction against the defendants in respect of suit schedule property.
4. The brief facts of filing the appeals are that the plaintiff is the absolute owner and possessor of the agricultural lands in survey No.334/AA to an extent of 15 acres situated at Nadpally Village. Originally the land in survey No.334/AA is consisting of 238 acres and it was Government PP land. In the year 1958 the land to an extent of 50 acres was put to an auction and in the said auction Vishwanatham purchased 15 acres and Rajender purchased 35 acres. Auction was conducted under Laoni Rules, 1958 and they paid auction amount in the treasury. The possession of the auction land was delivered to the auction purchasers by the revenue authorities under the cover of panchanama dated 02.08.1959. The patta was implemented in jamabandhi in their favour from then onwards they are pattedars, owners and possessors of the respective lands. The fact of putting the suit land into auction and granting of patta to Viswhanatham and Rajender is entered in Faisal Patty form No.5, 6, 7 of Nadpally Village Shivar of Nizamabad taluk in the year 1958 and thus they accrued right, title and interest in the said land and also accrued saleable right in the said land. The names of the Rajender and Vishwanatham was entered in the pahanies for the year 1958-59 to 1960-61 and there is an entry in the pahani for the year 1958-59 to 1960-61 to the effect that 50 acres is put to auction and Jamabandi entry is made. The possession of the said land of 50 acres delivered to Vishwanatham and Rajender on 02.08.1959 by Girdavar (Revenue Official) Dichpally, by conducting a panchanama and since then Vishwanatham and Rajender were possessors of the said land and from 02.08.2009 Vishwanatham became the owner and possessor of the suit land. The said Vishwanatham was also given pass book in the year 1967 showing the ownership of Viswanatham over the land in survey No.334 and it also shows the assessment of revenue of Rs.17.80 for the land in survey No.334 and shows payment of Rs.17.80 as revenue 10.01.1967, in respect of land in survey No.334. Thus originally Vishwanatham and Rajender became the pattedars, owners and possessors of the suit land. Some of the ryots of Nadpally and Suddapally villagers filed petition seeking cancellation of the sale conducted by auction through which Vishwanatham and Rajender and others purchase
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
