Declaration suit
Chetan Pardakhe
(Querist) 13 November 2011
This query is : Resolved
person A purchased the field property from B in 21/03/1988 by way of registered sale deed and B died in 1989. But the Talathi (Revenue Officer) Mutate the name of all legal heirs of B in 7/12 extract of the said field property along with the name of A.
A approached to the Tahsiladar for deletion of name of legal heirs of B from revenue record but the Tahsildar passed an order in 2008 and mentioned that till the declaration by the Civil Court regarding the correctness of Sale deed the name of all the legal heirs will be on record?
(Note :- Since 1988 the field property is in possession of A)
I am for A
My questions are
Which suit I have to file? (Declaration and for Permanent Injunction)
What is the limitation for filing declaration suit ?
Devajyoti Barman
(Expert) 13 November 2011
Suit for declaration.
It is continuing wrong, so do not think about limitation.
Yash
(Expert) 13 November 2011
Nature of suit is right as stated.
It is a continuing wrong but you have to show that you have not acquiesced the act of the opposite party to have a good case.
You may also move an appeal / revision under the relevant revenue law before the concerned revenue authority. In fact, if you succeed in the appeal, the problems would be solved quickly than through a civil suit because you are in possession and the only problem faced by you is that your name is not mutated in the revenue records. Hence, if the record is corrected / rectified by way of deletion of the incorrect entry, you may not need to file a suit. However, the only impediment that you may face in filing the appeal / revision is that the opposite party resists your appeal and revenue authority, consequently and finally comes to the conclusion that your entry would be promulgated only upon declaration of the Court.
Rajeev Kumar
(Expert) 13 November 2011
I do agree with experts
