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ADV. VIJAY KRISHNA MASKE (LAWYER)     28 July 2011

Need a citation

hello friends, i need cititation regarding , when a judgement passed by civil court is not binding on

Asst . Supridentdant of land Records. Maharashtra.   Does he has power to entertain cade of declaration of title of property.??????????????

please help me.......

Adv. Vijay



Learning

 6 Replies

Raghav Sood (Lawyer)     28 July 2011

judgment of civil court is judgment in rem and it is binding on all the revnue authorties the rights title and status will in accordance the judgment and decree of civil court

niranjan (civil practice)     28 July 2011

Supdt.Land Records have no power to decide the title,they have to follow court decree.

Adv Archana Deshmukh (Practicing Advocate)     28 July 2011

Dispute regarding title of a property can be decided by a civil court only.

Ambika Prasad Mishra (Lawyer)     30 July 2011

Im in agreement with Adocate Raghab ji, Advocate niranjan Ji and Advocate Archana ma'am..... Law is well established that Civil Court has power to declare title irrespective of the fact whether the matter is sub judice before any revenue officer or not. The job of Revenue Officer is to maintain records of lands for the purpose collecting revenue. Thus the records of the Revenue Officer does not create title, But in absense of any other proof, the Records of Revenue Officer has got presumptive value in coming to a conclusion regarding title. Revenue Officer is always bound by the decree of the Civil Court......

But I wud differ from Advocate Raghab ji on one count that the judgment of civil court is not always a judgment in rem.

Rather the judgment of a civil court in most of the cases is a judgment in persomnam and only in certain cases it is judgment in rem e.g - probate proceedings, insolvency proceedings etc.

Now coming to the question whether it is always true that the judgment of the civil court is binding on revenue authorties, law is well settled that the judgment rendered by Civil Court can be declared to be void by revenue Authorities, in any proceeding before them concerning the Judgment of Civil Court, if the Judgment of the Civil Court is void on account of lack of jurisdiction. This is so because "judgment rendered by any court can be declared to be void by any other forum in any collateral proceeding if the court which pronouced that judgment had no jurisdiction to pronounce it".......

 

G.Nagarajeshwar Rao (Advocate)     27 August 2011

Ambika Prasad Mishra is rightly said. His version is correct. All the judgments of civil court are not in rem, but some of judgments are in rem, most of them are in personem. The anology with regarding to the declaration of title by revenue authorities also right. But there an Act with regarding to Survey and Boundaries Act, the procedure of Land Records department and the procedure of survey is laid down in that Act.  According to that law the survey will be conducted by Mandal surveyor at intial stage, thereafter the aggrieved party can apply for appeal to the Inspector of Land records and survey department. Thereafter on the survey of Inspector, the aggrieved party can prefer an appeal to the Asst. Director Land records / survey department. At that stage, if the survey is not resolved the agrieved party can file a declaration suit before the Civil Court. This is the procedure laid down in the Survey and Boudaries Act.  

Sanjeev Kuchhal (Publishers)     17 September 2011

Mutation of entries in the revenue records are basically for revenue purposes and do not by themselves constitute title to the property in favour of any person. Provisions of law only deal with the revenue records being updated in relation to the immovable properties for the purpose of assessment of revenue and collection thereof. Revenue authorities not empowered to adjudicate upon the rights of the parties or their title to the immovable properties. 


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