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SSGSAKARKKD (OFF)     30 August 2010

Declaration suit

Hello,

A property was bought in 1910 (through sale deed) by our grand father's father and the property (about 8 acres) was in full enjoyment of  our grand father after his father's death in the early 20's. Our mother is the only issue to our grand father. The ROR and RSR and UDR are in the name of our grand father. Our grand father left  a Will in favour of the grand sons. After his death the Will came to effect. The property now under the enjoyment of us. In between one of the cousine brothers of our grand father included his name in the Natham adangal and disturbing our posession and enjoyment. Then we moved the revenue department for remedy and issued an order to cancel their patta.  Without obeying the order, he wrote an inaam settlement to his grandson (minor). So, we filed a declation suit against them.  He said the property was his ancestral property and divided into two parts, the second half was enjoyed by me. They had not produced any  document to prove their statements. We hve produced enough records such as ROR, RSR, UDR and receipts of taxes, etc.  Now the suit is dismissed because the sale deed (1910) is not proved the relevance of the suit property. The suit property is only about 100 cents. The sale deed is about 8 acres. They also said ROR and RSR are not the title documents.

Are there any authorities or judgements / laws to prove and strengthen the title deed,ROR, RSR and contunuos enjoyment over 100 years?

We are in the process of appeal. Please help us.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 August 2010

-Sale deed is an authentic doucment.

Jebaraj Jasper Jacob (Advocate)     30 August 2010

Yes, it is true that revenue documents won't confer any title. But as per the provisions of Evidence act there is a statutory presumption that documents of more than 30 years are geniune. Hence the particulars provided by u is not enough to come to a conclusion. The judgement of the lower court has to be looked inti line by line and the reasons provided by the lower court to rebute the statutory presumption attached with sale deed of the year 1910.Before going throught the Decree and Judgement of the lower court no concrete decision can be arrived.

SSGSAKARKKD (OFF)     01 September 2010

I agree with you. When there is a continous enjoyment with proper ROR and RSR and UDR documents and paid proper taxes over the suit property. If the documents are evidence for the continuos enjoyment over 80 years is a title. Above all there is a sale deed document in the year 1910. It is for the entire extent of 8 acres of land.

My question is whtn the sale document is not been corelated to the suit property. Which is about 8 acres, and there is no survey number and boundaries. But the document belonging to the property. Whether we can treat the other documents such as ROR, RSR, UDR etc for the evidence of continuous enjoyment as title? Or is there any authority to strengthen the records?


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