M/S. EDELWEISS ASSET CONSTRUCTION COMPANY LIMITED versus R. PERUMALSWAMY AND ORS.

Citation: [2020] 3 S.C.R. 1161 · Decided: 06-02-2020 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

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M/S. EDELWEISS ASSET CONSTRUCTION
COMPANY LIMITED
v.
R. PERUMALSWAMY AND ORS.
(Civil Appeal No 1318 of 2017)
FEBRUARY 06, 2020
[DR. DHANANJAYA Y CHANDRACHUD
AND AJAY RASTOGI, JJ.]
Tamil Nadu Patta Pass Book Act, 1983 – ss.10 and 14 – State
of Tamil Nadu issued various notifications seeking to acquire 49.67
acres of land – Registered deed of assignment was executed by
Governor of Madras in favour of WSIL (appellant in C.A. No. 1319
of 2017) for 46.04 acres, including the disputed land – WSIL availed
loans from banks, secured by deposit of title deeds of disputed lands
– Appellant in C.A. No.1318/17 claims an assignment of debts of
WSIL – Govt. Order issued by State of Tamil Nadu empowered the
District Revenue Officer (DRO) to rectify defects that may have
occurred in course of updating records in land registry – 1st
respondent sought cancellation of patta in favour of WSIL – During
the pendency of proceedings, letter was addressed to Tehsildar for
enquiring into 1st respondent’s claim – Recommendation made to
cancel patta standing in the name of WSIL – Ordered by DRO –
WSIL filed writ petition– Allowed by Single Judge – Division Bench
restored order passed by DRO– Held: Deed of assignment
specifically records that the lands vested in State of Tamil Nadu free
of all encumbrances and were allotted to WSIL– Entire case of 1st
respondent was founded on alleged sale deed of 09.10.1929 under
which his father acquired the land and an alleged oral lease, by
which the land was leased in favour of WSIL in 1963 – Neither sale
deed nor the terms of alleged oral lease were produced – Once the
lands were acquired by State of Tamil Nadu, any pre-existing claim
of 1st respondent stood extinguished – Under the 1983 Act and
1987 Rules, the Tahsildar is not empowered to adjudicate upon a
‘title dispute’ – A combined reading of s.14 & r.4(4) indicates that
where there is dispute w.r.t ownership of a land between parties
w.r.t a patta entry, the correct procedure is to approach a civil court
[2020] 3 S.C.R. 1161
1161
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SUPREME COURT REPORTS
[2020] 3 S.C.R.
having competent jurisdiction – Entry records will be updated on
the basis of its decree upon adjudication – Further, the purpose of
the Govt. Order was to enable the DRO to rectify defects in land
registry – DRO exceeded his jurisdiction by engaging in an exercise
of investigating the title to the disputed land and substituting the
1st respondent with appellant in land records – Judgment of Division
Bench and DRO is set aside while that of Single Judge is restored–
Tamil Nadu Patta Pass Book Rules 1987 – r.4(4) – Land Acquisition
Act, 1894.
Disposing of the matters, the Court
HELD: 1.1 The Tamil Nadu Patta Pass Book Act 1983, deals
with issues of patta pass book entries with respect to holders of
agricultural lands. Section 6 prescribes that entries in the patta
pass book will be considered as prima facie evidence of title. All
entries in the patta pass book issued by the Tahsildar shall be
considered as prima facie evidence of title of ownership of the
person, free of all encumbrances. However, the underlying
presumption is rebuttable. Section 10 provides for the procedure
to be adopted for modification of the entries in the patta pass
book. Section 10 provides for modification in respect of an entry
in the patta pass book by submitting an application before the
Tahsildar. The application shall be accompanied with documents
as evidence, if any, relied upon by the applicant to substantiate
his claim. The Tahsildar shall make a modification in the patta
pass book only after giving a reasonable opportunity to the
concerned parties to make their representation. [Paras 15,
16][1171-B-D; 1172-C-D]
1.2 Under Section 14, the right to approach a civil court is
not prohibited in all cases. Section 14 only bars suits being filed
against the government and its officials regarding entries made
in the patta pass book. The proviso does not prevent parties
from filing suits against rival claimants or individuals and seeking
any of the remedies available under Chapter VI of the Specific
Relief Act 1963. The proviso states that any person who is
aggrieved by any entry made in the patta pass book is entitled to
file a suit for declaration of title and the entry in the patta pass
book shall be amended in accordance with such declaration. The
Tamil Nadu Patta Pass Book Rules 1987 provide for the
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procedure to be adopted to deal with enquiries wit

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