Government of Andhra Pradesh v. Pratap Karan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2963 of 2013)Decided 9 Oct 2015
Civil Appeal No. 2963 of 2013
Justice M.Y. Eqbal · Justice C. Nagappan

Background

The plaintiffs, heirs of a Raja who held about 373 acres in Survey No. 613 of Nadergul village in Ranga Reddy district, sued to have revenue records corrected so that they were shown as owners. The State argued that the land was Jagir or confiscated, and that a duplicate survey number had been created. The trial court dismissed the suit, the High Court's Division Bench split, and a third judge decreed the suit in the plaintiffs' favour. The State and the corporation that had taken a transfer of the land then appealed.

Decision Breakdown

The Supreme Court dismissed both appeals and upheld the High Court's decree. It held that the reference to a third judge was valid under Clause 36 of the Andhra Pradesh High Court's Letters Patent, which overrides the general rule in section 98 CPC for such courts. The appeal did not abate when some plaintiffs died, because the remaining co-sharers could continue. The 1954-55 Khasra Pahani (basic record of rights) and the State's own admissions proved the predecessor's title, and the State produced no proceeding showing confiscation or any lawful creation of a duplicate survey number. The land was also held not to be Jagir land under the Jagir Abolition Regulation, and the corporation's appeal fell with the State's, since the State's transfer during the pending appeal was hit by the doctrine of lis pendens and was not bona fide.

Lesson Learnt

Long-standing official land records carry real weight, and the government must prove, through a proper legal process, any claim that land has been confiscated; it cannot quietly change records. A government or anyone else who transfers disputed land while a case is pending cannot use that transfer to defeat the other side's claim.

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