Searching Case Laws & Precedent on Legal Query..!
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However, decrees cannot be passed solely on the basis of Thandaper accounts without substantive evidence of title or possession, as highlighted in ["A.V.DHANANJAYAN BHATTATHIRIPAD ALIAS VISHNU Vs THE ADDITIONAL TAHSILDAR - Kerala"], where a decree was reversed because it relied only on Thandaper records without proper proof of title or possession.
Analysis and Conclusion:
In the complex world of Kerala land revenue systems, Thandaper holds a pivotal role as a foundational record linking properties to tax obligations. But can a court decree directly grant Thandaper to a party? This question often arises in property disputes, partitions, and inheritance cases. While courts wield significant power in adjudicating title and possession, revenue records like Thandaper are primarily managed by administrative authorities. This post delves into the nuances, drawing from legal precedents and revenue practices to provide clarity—note: this is general information, not specific legal advice; consult a qualified lawyer for your situation.
Thandaper is essentially a revenue register that enumerates properties and tracks associated tax arrears, serving as the basis for recovery actions such as revenue sales. For instance, Thandaper serves as a revenue record linking properties to tax liabilities (e.g., Thandaper No. 144 for arrears), forming the basis for revenue sales. Krishnan Kartha VS Kumaraswami Namboodiripad - 1950 0 Supreme(Ker) 56
It lists specific items, like the twelfth item on page 3, confirming property inclusion for tax purposes. Krishnan Kartha VS Kumaraswami Namboodiripad - 1950 0 Supreme(Ker) 56 Produced copies in court, such as Thandaper No. 144 of Thuravoor Vadakku pakuthy, underscore its evidentiary value in disputes. Krishnan Kartha VS Kumaraswami Namboodiripad - 1950 0 Supreme(Ker) 56
Thandaper entries originate from historical settlement registers, often from the Maharaja of Travancore era, and evolve through mutations based on legal transfers. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
No comprehensive statutory procedure exists for courts to directly grant Thandaper via decree. Instead, documents imply that Thandaper entries or creations occur through revenue processes involving mutations, supported by documents like partition deeds, court decrees, or transfers from parent Thandapers. These are handled by authorities such as the Tahsildar, with entries noted in registers' remarks columns citing the basis, e.g., thandaper is brought into existence on the basis of a reference to a decree in O.S.No.85/1971. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
Courts can declare rights over property, which revenue officials must then implement via mutation. Revenue officers cannot override civil court decrees on title. In one case, the Tahsildar lacked authority to review a 19-year-old order and direct Thandaper issuance against a party's rights established by decrees in O.S.No.4/1972. K.A.HASHIM vs THE VILLAGE OFFICER - 2023 Supreme(Online)(KER) 1961K.A.HASHIM vs THE VILLAGE OFFICER, MANICKAL VILLAGE
Revenue officers must adhere to civil court decisions; they cannot adjudicate title disputes decided by the courts. K.A.HASHIM vs THE VILLAGE OFFICER - 2023 Supreme(Online)(KER) 1961
Thus, a decree may influence Thandaper mutation but does not itself grant it—implementation rests with revenue authorities.
In mediation settlements, courts have modified decrees based on compromises, potentially affecting subsequent revenue entries. The parties submit that a decree may be passed in terms of the compromise arrived at in the Mediation Centre. S GOWRIKUTTY AMMA vs JANAKIAMMA SARASWATHY AMMA -DO - 2014 Supreme(Online)(KER) 7992
Improper creations invalidate Thandapers. Examples include:- Fabricating entries post-blank status or using deceased persons' names. The original thandaper holder of 3587 was one Krishna Panicker and the thandaper became blank only on 16.8.1984. Abdul Rehman Kunju passed away on 20.1.1978... the present thandaper 3587 is said to be a forgery. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202- Inserted pages in different fonts, false decree references (e.g., withdrawn O.S.No.85/1971), or recreating zero Thandapers. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
Revenue inquiries by secretaries scrutinize holder history and consistency. Political influence or official collusion does not legitimize forgeries; complaints may lead to writs if ignored. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
Courts dismiss suits lacking evidence of title/possession, preventing loose decrees that could mislead revenue mutations. It eludes comprehension as to how the learned Munsiff could grant a decree, when the plaintiff did not even produce title deed and other records to prove title and possession. HIGHLAND PRODUCE COMPANY LTD vs GEORGE ALIAS RAJAN AND OTHERS - 2013 Supreme(Online)(KER) 42246
These cases reinforce that while decrees shape property rights, revenue records demand administrative diligence.
If seeking Thandaper mutation:1. Submit authenticated deeds/decrees to Tahsildar.2. Ensure remarks reflect origins (parent Thandaper/court order).3. Retain tax receipts, RTI copies for proof.4. In disputes, complain to senior officers (Revenue/Principal Secretary); file writs if needed, highlighting forgeries like font mismatches or deceased applicants. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
Avoid relying on blank/recreated Thandapers without inquiry. No procedure applies for documents lacking jurisdictional ties. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202
Property owners in Kerala should prioritize robust evidence in suits to facilitate smooth revenue updates. For personalized guidance, engage a local advocate versed in revenue law.
References:- Krishnan Kartha VS Kumaraswami Namboodiripad - 1950 0 Supreme(Ker) 56: Thandaper as tax record basis. N. A. Shareefa VS State of Kerala - 2014 0 Supreme(Ker) 202: Mutation processes and forgeries.
#ThandaperLaw, #KeralaLandRecords, #RevenueMutation
It eludes comprehension as to how the learned Munsiff could grant a decree, when the plaintiff did not even produce title deed and other records to prove title and possession claimed by them. ... Even if the defendants did not specifically deny all those aspects or even if the defendants are ex parte a decree cannot be passed so lightly. There must be evidence on record to satisfy the judicial conscience to pass a decree as sought for. ... But the appellant company wanted to contend that the Secretary o....
Needless to say, once a compromise is presented before the Sub Court, Ottappalam, said Court can certainly grant liberty to the parties to execute apposite Relinquishment Deed, which thereupon will have to be acceded to for registration by the 4th respondent, with or without a “Thandaper” account being ... Exhibit P8 TRUE COPY OF THE DECREE DATED 30.9.2014 IN O.S.NO.146/2012 ON THE FILES OF THE COURT OF MUNSIFF-MAGISTRATE, PATTAMBI. ... Village Officer again and obtain a final “Thandaper” account in his favour based o....
It is submitted by the learned counsel for the review petitioner further that, as per the decree passed in Anneure-A2 judgment in AS. ... In view of the above, the judgment passed in W.P. ... D E R Dated this the 04th day of September, 2023 This Review Petition has been filed by a third party ... BADHARUDEEN JUDGE RMV APPENDIX OF RP 898/2023 PETITIONER ANNEXURES Annexure-1 COPY OF DECREE DATED 25-02-2000 IN O.S.1794/1989 OF MUNSIFF'S COURT, ERNAKULAM Annexure-2 COPY OF DECREE DATED 2....
The decree in the present case was passed on 22.6.1113 allowing the plaintiff to realise certain sums of money charged on the properties scheduled therein. Item 7 there is S. No. 310/5 which is the property sold in revenue auction. ... I and II would show that the revenue sale was for arrears of tax due under Thandaper No. 144 of Thuravoor Vadakku pakuthy. Copy of this Thandaper No. 144 has been produced in this case and it is referred to by the Munsiff himself. That would show that the property in question is in that #H....
The parties submit that a decree may be passed in terms of the compromise arrived at in the Mediation Centre. 2. ... The judgments and decrees passed by the courts below are set aside and a decree is passed in the following terms: “1. ... The appellant and respondents 1 to 5 agree that the judgment and decree passed in O.S.No.296/1975, Munsiff Court, Vaikom dated 17.12.2003 and the judgment and decree dated 13.03.2009 in A.S.No.41/2004, Additional Di....
The judgment and decree in O.S.499/2001 were challenged in A.S.No.68/2005 before the Sub Court, Nedumangad. Pending the appeal, Ahammed Pillai passed away. ... However, the 2nd respondent by Ext.P9 order, reviewed the order dated 31.09.1999 passed by another Tahsildar and directed issuance of thandaper in favour of the 3rd respondent regarding the property in Survey No.1681/3. ... The petitioner's mother had got the property as per the decree in O.S.No.4/1972. ... The property in question devolved on th....
The judgment and decree in O.S.499/2001 were challenged in A.S.No.68/2005 before the Sub Court, Nedumangad. Pending the appeal, Ahammed Pillai passed away. ... However, the 2nd respondent by Ext.P9 order, reviewed the order dated 31.09.1999 passed by another Tahsildar and directed issuance of thandaper in favour of the 3rd respondent regarding the property in Survey No.1681/3. ... The property in question devolved on the petitioner's mother by virtue of the preliminary and final decree in O.S.No.4/1972 ....
04/01/2019 PASSED BY THE SUB COURT,MAVELIKARA IN A.S.NO.83/2017. ... EXHIBIT R1F A TRUE COPY OF THE THANDAPER EXTRACT REGISTER OF THE WAY IN RE-SURVEY NO.62/15 OF MAVELIKARA VILLAGE. ... EXHIBIT R1G A TRUE COPY OF THE THANDAPER EXTRACT OF THE LAND IN RE-SURVEY NO.62/14 OF MAVELIKARA VILLAGE.
The petitioners have along with I.A.No.2 of 2022 produced Ext.P9 proceedings of the 1st respondent wherein it has been stated that the mutation effected and allotted Thandaper No.298A has been cancelled and the earlier Thandaper No.267A has been restored. ... I do not find any justification for a decision on the genuineness of patta, for accepting tax regarding properties covered by Thandaper No.267A. ... 23/8/2022 BEARING NO.G1-2306/2022 PASSED BY THE TAHASILDAR (LR) UDUMBANCHOLA IN THE OFFICE OF THE 1ST RESPONDENT, CA....
A true copy of the Judgement and decree in 0.S. No. 165/2012 dated 21.03.2013 passed by the Subordinate Judge, Kottarakkara is produced herewith and marked as Exhibit R5(a). 5. ... In view of the contentions by the contesting respondents that they are in lawful possession of the property based on the orders passed by the competent Civil Court, I am not inclined to grant any relief as sought for at this stage. ... It will be open to the Bank to take such actions to approach this Court again, subject to the orders to be #H....
Whether a decree can be passed against a person or authority, who is not a party in the suit, if so, whether such decree is perverse.? Whether a judgment and decree is perverse for non-consideration of the provisions of Section 14 of the Limitation Act read with Order 7, Rule 10A of the Code of Civil Procedure?"
Merely because a party had not taken possession by following procedure under Section 144 CPC, it cannot be said that possession of such party becomes illegal. Once the decree is set aside the earlier decree or consequent delivery of possession would become non-est in the eye of law. Moreover, in this case, the plaintiff has categorically admitted in his evidence that the defendants continuous to be in possession of the property from the year 1970 to 1984. It has to be seen that the order or a decree passed against such party has been subsequently set aside.
Merely because a party had not taken possession by following procedure under Section 144 CPC, it cannot be said that possession of such party becomes illegal. Once the decree is set aside the earlier decree or consequent delivery of possession would become non est in the eye of law. It has to be seen that the order or a decree passed against such party has been subsequently set aside. Moreover, in this case, the plaintiff has categorically admitted in his evidence that the defendants continuous to be in possession of the property from the year 1970 to 1984.
Even if there is an order of injunction restraining a party from entering into the property, this Court shall not invoke the powers under Article 226 by ordering police protection. The boundary so fixed is not final, that is subject to the result of the suit. The party who obtains such a decree can approach the Civil Court for enforcement of that decree. The statutory power given to the Survey officer is only to fix the boundary.
A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for complete and final decision on the question involved in the proceeding. In Udit Narain v. Board of Revenue, AIR 1963 SC 786, it was held by the Apex Court that though a petition under Article 32 or Article 226 of the Constitution cannot be said to be a regular suit, the general principles applicable to civil proceedings will apply to proceedings under Articles 32 and 226 of the Constitution also. In other words, in the absence of a necessary party, no decree can be passed, w....
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