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Supreme Court of India 2023-11-20 allowed

P. KISHORE KUMAR vs VITTAL K. PATKAR

Bench: 2 — Bela M. Trivedi, Dipankar Datta

In Brief

A dispute arose over ownership of two portions (Schedule 'A': 15 acres and Schedule 'B': 5.28 guntas) of survey no. 3 in Bangalore, claimed by both the plaintiff and defendant. The plaintiff's vendor and defendant's predecessor both sought occupancy rights under the Mysore Inam Abolition Act, 1954. The Commissioner's 1958 order rejected the plaintiff's vendor's claim (she was not a tenant at vesting) but accepted the defendant's predecessor's claim as the Inamdar. The Supreme Court held that the plaintiff cannot acquire better title than the vendor possessed. Since the vendor was denied title by the Commissioner's order, she could not convey valid title to the plaintiff. Revenue records are fiscal documents that cannot override statutory orders. The Court allowed the appeal, reversed the High Court's judgment, dismissed the plaintiff's suit, and upheld the defendant's superior title to Schedule 'B' property.

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Land Title & Ownership Property Law Inam Abolition Civil Procedure - Second Appeal Evidence - Documentary Nemo Dat Doctrine Revenue Records Burden of Proof

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