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Supreme Court of India 2018-11-15 allowed

Salem Municipality vs P. Kumar & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court dismissed three civil suits filed by P. Kumar against Salem Municipality and the State of Tamil Nadu claiming ownership of 4.91 acres of tank land. The Court held that land forming part of a tank bed cannot be considered ryoti land under the Land Tenures Act, 1908 or the Tamil Nadu Estates Act, 1948. As the plaintiff's predecessor held only temporary 8-month leases and failed in multiple applications for ryotwari patta, no transferable rights vested in him. Consequently, the plaintiff acquired no legal title from the purchase deed. Revenue records consistently showing the land as tank and common use land, coupled with absence of the plaintiff's name in possession entries, defeated any claim based on presumed continuity of possession. The judgment of the High Court setting aside dismissal was reversed and that of the trial court restored."/> </invoke>

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