Madras HC Gives Decades-Long Occupants Until Dec 31 To Vacate, Rejecting Their Partition-Decree Challenge Based On Patta And Unregistered Purchases

The revision petitioners, judgment-debtors in execution proceedings arising from a partition suit, claimed rights in portions of the suit property through purchases allegedly made from the decree-holder’s father’s power agent.

They relied on long possession and patta, but produced no registered sale deeds; one set of petitioners said a sale deed had not been executed despite repeated requests.

The Principal District Munsif, Pollachi, dismissed their applications under Section 47 CPC in the execution petition.

The petitioners challenged those orders under Section 115 CPC.

The Court considered Section 47 CPC, which permits the executing court to determine questions arising between the parties to the suit, or their representatives, relating to the execution, discharge, or satisfaction of the decree; it also considered its revisional jurisdiction under Section 115 CPC.

The Court treated patta as a revenue record evidencing possession, not as a document of title, and concluded that patta alone, without a registered sale deed, did not establish title or justify an objection to execution of the decree.

The petitioners’ asserted purchases were unsupported by registered conveyances, and their own case was that sale deeds had not been executed.

The patta relied upon was a revenue document based on possession and did not establish title.

The Court therefore found that these materials did not provide a basis to resist execution of the decree.

Given the Executing Court’s consideration of the absence of registered sale deeds and the lack of merit in the Section 47 objections, the Court found no error warranting revision.

It nevertheless permitted the petitioners to remain in occupation until 31 December 2026, by which date they were directed to vacate and hand over vacant possession peacefully.

If they defaulted, the decree-holder could proceed with execution, and the Executing Court was directed to ensure delivery of possession by 15 January 2027.

No costs were ordered, and the connected miscellaneous petitions were closed.