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Supreme Court of India 2018-11-15 allowed

Salem Municipality vs P. Kumar & Ors

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

Salem Municipality appeals the High Court's decision restoring a lower court judgment that had granted the plaintiff a declaration of title to 4.91 acres of land. The plaintiff claimed the land through his vendor, who had received temporary 8-month leases for tank bund areas during non-submergence seasons. The Supreme Court held that land forming part of a tank or water body is not ryoti land under the Transfer of Property Act, 1908, and ryotwari patta cannot be granted over such common lands. The Court found that the plaintiff's vendor had no ownership rights from temporary leases, the plaintiff failed to prove possession, and four government rejections of patta applications could not be overcome by civil suit. The Court allowed the appeals, dismissed all three suits, and restored the First Appellate Court's judgment.

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Land Law Tamil Nadu Estates Act Agrarian Reform Property Rights Civil Procedure Evidence Administrative Law

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