Do revenue records such as a patta or an adangal extract by themselves confer title to immovable property?
Coram: Justice R.Sakthivel
No. It is settled law that revenue records alone do not confer any title or right over the suit property. Where the other compelling evidence available on record shows otherwise, such records are not sufficient for a plaintiff to assert title over the entire extent.
Indian Evidence Act, 1872 — s.13 — s.40 — Declaration of title — Antecedent title — Revenue records — Preponderance of probabilities — Declaration of title — Antecedent title — Burden on the plaintiff — Held: A plaintiff who claims antecedent title and does not claim adverse possession must prove that title by adducing sufficient evidence; failure to produce any acceptable document of title defeats the claim to declaration. (¶25) Revenue records — Patta and adangal extract — No conferment of title — Held further: Revenue records alone do not confer any title or right over the suit property, and where the other compelling evidence on record shows otherwise they do not suffice to assert title. (¶23) Indian Evidence Act, 1872 — s.13 — s.40 — Judgment in a suit between other parties — Not binding — Held further: A judgment and decree in a suit to which the party was not made a party, and which concerned a different property, is not binding upon him, and declining to act upon it contravenes neither section 13 nor section 40. (¶21) Recovery of possession — Admitted possession of the defendant — Preponderance of probabilities — Held further: Where the plaintiff himself seeks recovery of possession, the defendant's possession on the date of suit is admitted, and the preponderance of probabilities lying with the defendant, no interference is warranted. Second Appeal dismissed. (¶24, 25)
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