Facts
The petitioner claimed an interest in the land through a registered sale deed dated 27 January 2006, executed in his favour by Nagaraj. Nagaraj had acquired the land under a registered sale deed dated 4 October 2002 from Mahabaleshwarappa, who relied on a General Power of Attorney executed in his favour in 1993 by K. Muniswamy and B.M. Raghupathy
Source reference: p. 5The petitioner challenged the Assistant Commissioner’s order dated 14 January 2008 and the Deputy Commissioner’s order dated 5 August 2014, which had declined to direct entry of his name in the revenue records
Source reference: pp. 3, 6The private respondents argued that Muniswamy’s death in 1998 deprived Mahabaleshwarappa of authority to execute the 2002 sale deed and that respondent No. 5 was in possession of the land
Source reference: p. 4Issues
Whether the petitioner was entitled to have his name entered in the revenue records on the basis of the registered sale deed dated 27 January 2006
Source reference: pp. 3, 6Whether the 2002 sale deed executed by Mahabaleshwarappa could be rejected, for revenue-entry purposes, on the ground that one of the GPA executants had died
Source reference: pp. 4–5Law Applied
The Court considered the petitioner’s challenge under Articles 226 and 227 of the Constitution of India
Source reference: p. 3It held, in the circumstances of this case, that the revenue authorities were required to enter the petitioner’s name on the basis of his registered sale deed dated 27 January 2006
Source reference: p. 6Reasoning
The Court noted that the GPA had been executed by both Muniswamy and Raghupathy and reasoned that, because one executant remained alive, the sale deed executed by Mahabaleshwarappa in favour of Nagaraj could not be doubted on the ground raised by the respondents
Source reference: p. 5Nagaraj subsequently conveyed the property to the petitioner by registered sale deed. On that basis, the Court concluded that the revenue authorities should record the petitioner’s name under the 2006 deed; it did not finally determine the private respondents’ competing rights or possession claims
Source reference: pp. 5–7Holding
The Court allowed the writ petition and set aside the Deputy Commissioner’s order dated 5 August 2014 and the Assistant Commissioner’s order dated 14 January 2008
It directed the Tahsildar to enter the petitioner’s name in the revenue records based on the registered sale deed dated 27 January 2006. The private respondents remained at liberty to establish their rights and thereafter seek any appropriate alteration of the revenue records
Source reference: pp. 6–7Original Court PDF
SRI B.M KRISHNAPPAvsTHE DEPUTY COMMISSIONER
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
