Revenue records can't be relied on to decide property title: Karnataka HC

The High Court of Karnataka recently made a significant ruling with regard to property ownership disputes, stating that in a comprehensive suit, the title of a party must be adjudicated based on title documents rather than revenue records. This ruling came in response to a regular second appeal filed by Thammaiah, who had purchased farmland in Tumakuru district in 1972. The land had been granted land, and Thammaiah had bought it from Muthu. The property was transferred to Thammaiah's name in 1972, and the mutation and RTCs also confirmed his ownership.

However, in April 1991, Muthu sold the land to Puttaiah, and the revenue entries were mutated in his favour. Thammaiah, claiming to be the absolute owner of the land, moved the local trial court. Unfortunately, the court ruled in favour of Puttaiah in December 2014, and the senior civil judge confirmed the order in the appeal proceedings, leaving Thammaiah with no option but to move the High Court.

Justice HP Sandesh presided over the appeal proceedings and examined the records, including the findings given by both courts in Chikkanayakanahalli. The judge pointed out that the trial court and the first appellate court had given too much importance to revenue entries and failed to consider the title documents that confirmed Thammaiah's ownership of the property.

The judge also observed that even if the name of a person appearing in revenue records is removed, it does not extinguish the right, title, or interest vested in that person with respect to the property. The sale deed was executed in 1972 and in the same year, the property was transferred to Thammaiah's name based on the sale deed, mutation, and RTCs. Although Thammaiah's name was removed from the revenue records subsequently, the judge noted that the removal did not extinguish his right, title, or interest in the property since he had purchased the property based on a sale deed.

This ruling emphasizes the importance of proper documentation when it comes to property ownership disputes. It also highlights the need for buyers to ensure that all relevant documents are in order before purchasing property. Many disputes arise due to inadequate documentation or incomplete titles, and this ruling serves as a reminder of the importance of paying close attention to documentation to avoid future disputes.

Furthermore, this ruling sets a precedent for future property ownership disputes in India. It establishes that the title of a party must be adjudicated based on title documents rather than revenue records, which are secondary in nature. This decision is significant for the property sector, as it provides clarity and guidance on how property ownership disputes should be handled. The ruling is likely to be widely cited in future cases, giving property buyers and sellers greater clarity and certainty when it comes to property ownership disputes.

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Revenue records can't be relied on to decide property title: Karnataka HC

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