Is posible a case of adverse possession by a addl. tahasildar
Amit Kumar
(Querist) 31 January 2014
This query is : Resolved
Can It is possible a case of adverse possession can be decided by a addl. Tahasildar?
The detail is as under,during the major settlement operation in yadast no.323 enquiry was made and on the basics of possession and oral sale the land was ordered to be recorded in the name of XYZ on 26/07/1964. During the bujharat or attestion stage of the settlement proceeding in 1974, one of the tannent namely D objected to the khanapuri or yadast entry saying that the land was mortaged to the khanapuri rayat and not sold. The Asst. Settlement Officer passed order that he cannot decide the question of adverse possession and passed to record the ABC as rayats and note the possession of oral puchhaser as jabar dakhal(forcible possession). Also The A.S.O. say that adverse possession can be decided by the civil court hence XYZ go to the civil court for title and possession.
After that XYZ filled a mutation case in the court of Tahasildar . The Tahasildar allowed the mutation on the basics of oral purchase by XYZ in the year 1940, note of possession in the ROR , some rent receipts and settlement proceding record.
Is the mutation case is as per law or illegal ? please guide me.
P. Venu
(Expert) 31 January 2014
Record of right or mutation entries are not documents of title.
Amit Kumar
(Querist) 26 April 2014
The detail is as under,during the major settlement operation in yadast no.323 enquiry was made and on the basics of possession and oral sale the land was ordered to be recorded in the name of XYZ on 26/07/1964. During the bujharat or attestion stage of the settlement proceeding in 1974, one of the tannent namely D objected to the khanapuri or yadast entry saying that the land was mortaged to the khanapuri rayat and not sold. The Asst. Settlement Officer passed order that he cannot decide the question of adverse possession and passed to record the ABC as rayats and note the possession of oral puchhaser as jabar dakhal(forcible possession). Also The A.S.O. say that adverse possession can be decided by the civil court hence XYZ go to the civil court for title and possession.
After that XYZ filled a mutation case in the court of Tahasildar . The Tahasildar allowed the mutation on the basics of oral purchase by XYZ in the year 1940, note of possession in the ROR , some rent receipts and settlement proceding record.
Is the mutation case is as per law or illegal ? please guide me.
