AI Overview...
- Kabjepatti (Possession Receipt) - Main Points and Insights:
- The existence and validity of kabjepatti are central to establishing possession over land. Some records indicate that possession was based on a kabjepatti, which is a private document recording transfer or possession (00400074271).
- However, in several cases, the production of the kabjepatti is missing, and no evidence is provided to show that proper inquiry or verification was conducted by authorities like the Mamlatdar before handing over possession (00400055868, INDBOM00000126761).
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The absence of kabjepatti and related documents raises questions about the legitimacy of possession, especially after a long lapse of time (over 60 years), which complicates the verification process.
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Issues and Legal Considerations:
- The lapse of acquisition rights under Section 24(2) due to non-payment is an issue, but the primary concern remains whether possession was legally established through valid documents like kabjepatti.
- The courts have held that possession must be supported by proper documentation and inquiry; mere possession without such documentation is questionable.
- Private service or Hamdust is permissible for service of notices, but this does not substitute for documentary evidence like kabjepatti.
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The absence of a kabjepatti in affidavits or survey records undermines claims of lawful possession.
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Analysis and Conclusion:
- The lack of production of kabjepatti and related inquiry records suggests that possession over the land may not be legally substantiated.
- Courts emphasize the importance of documentary evidence such as kabjepatti in establishing rights over land, especially in long-standing possession cases.
- Therefore, the credibility of possession claims based solely on private documents like kabjepatti is questionable without supporting official inquiry or registration records.
References: - 00400074271: Issues regarding acquisition lapse and absence of kabjepatti in affidavits. - 00400055868 & INDBOM00000126761: Absence of kabjepatti and inquiry records in possession transfer.
Search Results for "Kabjepatti Whether Private Document"
2025 0 Supreme(Bom) 307 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ
(Paras 54, 56) ... ... Issues: Whether the acquisition lapsed under Section 24(2) due to non-payment ... In addition to the usual mode of service, private service/Hamdust is allowed The Petitioner to file affidavit of service. 5. ... Even the Affidavit filed in this Petition does not even refer to the preparation of any kabjepatti or even the existence of any kabjepatti. ... The survey records indicate that the mutation was based on a kabjepatti. He submitted that although such kabjepatti#HL....
2018 0 Supreme(Bom) 59 • India - Bombay
SHALINI PHANSALKAR-JOSHI
Neither the Possession Receipt (Kabjepatti) is produced, nor any document is produced to show that any inquiry was held by the Mamlatdar before handing over such possession. ... As held by the Apex Court in the case of Skyline Education Institute (India) Private Limited Vs. S.L. ... In this case, the only disputed point for consideration is, 'whether the Petitioners were actually put into physical possession of the suit lands?' ... Now it may be, because of lapse of time of more than about 60 years, that the 'D....
2018 Supreme(Online)(Bom) 951 • India - High Court of Bombay
HON'BLE SMT. JUSTICE DR. SHALINI PHANSALKAR-JOSHI
Neither the Possession Receipt (Kabjepatti) is produced, nor any document is produced to show that any inquiry was held by the Mamlatdar before handing over such possession. ... As held by the Apex Court in the case of Skyline Education Institute (India) Private Limited Vs. S.L. ... In this case, the only disputed point for consideration is, 'whether the Petitioners were actually put into physical possession of the suit lands?' ... Now it may be, because of lapse of time of more than about 60 years, that the 'D....
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