Court : Andhra Pradesh
Reported in : 2003(3)ALD2; 2004(3)ALT221
..... pass appropriate orders on the question of implementation of supplementary sethwars while observing that the court order setting aside the order of the joint collector shall not confer any additional title, title or interest upon any extent of land which may not be in possession of the petitioners and that the order does not amount to taking away any existing rights. ..... land in question is rocky terrain and not fit for cultivation and has been continuously in possession of the land, is it permissible for this court to go into the question of title?though the learned counsel for the petitioners contends that the petitioners are not seeking declaration of title, in my considered opinion, while praying for a writ of certiorari to quash the impugned order, they are, in effect, seeking for declaration ..... i may, however, hasten to add that considering the material relied on by the learned counsel, this court cannot adjudicate any title and these prima facie observations are made with regard to yet another submission made by the learned counsel that long standing occupation of the petitioners would disable the government ..... this order setting aside the impugned order passed by the joint collector shall not confer any additional right, title or interest upon any extent of land which may not be in possession of the petitioners herein, nor this order can take away the existing right, title or interest of the petitioners and others in whatever extent of the land that may be available on ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD468; 2000(2)ALT316
..... civil procedure, 1908 (central act 5 of 1908) (the code of criminal procedure, 1973) or in the andhra pradesh civil courts act, 1972, (act no.9 of 1972) any case in respect of an alleged act of land grabbing or the determination of questions of title and ownership to, or lawful possession of any land grabbed under this act, shall, subject to the provisions of this act be triable in the special court and the decision of the special court is final'28. the court ..... the special court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this act, and pass such orders (including orders by way of interim directions) as it deems fit;(1-a) the special court shall, for ..... having reached this conclusion, we have to hold that the court below committed an error in holding that the writ petitioners have not perfected their title over the schedule property by adverse possession and on the other hand they are land grabbers and liable to be ..... . even if the writ petitioners were not in lawful possession of s.no.40, eviction should not have been ordered as they perfected their title by way of adverse possession as they are in continuous and uninterrupted possession of the schedule property right from the year 1973 or atleast from 1982, when construction of building .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP266
..... krishna rao-, : [1982]3scr500 as contended by sri mohan rao, (it was) held that if there is any bona fide dispute regarding title of the government to take any property, the government cannot take a unilateral decision in its own favour that the property belongs to it and on the basis of such decision take recourse to the summary remedy provided under s ..... is open to the occupier or occupiers to lay his/their claim in support thereof and place before the district collector of their claim for title to and possession of the land in their own right or any other tangible right. ..... the normal circumstances where there is evidence that encroacher was allowed to remain for considerably long period and who thereafter lays a bona fide claim or title to the suit property, the summary procedure provided under s. ..... judge city civil court, hyderabad for declaration of title and permanent injunction impleading the state government, hyderabad urban development authority and the tahsildar and by order in i.a. ..... therefore, it is premature to decide the title in the summary proceedings in this writ petition ..... for declaration of title and the title suit is pending. ..... padma rao, had acquired title by purchasing the property, under registered sale deeds who in turn sold it in plots to the petitioners and ever since the purchases, they have been in possession and enjoyment of the property as owners ..... for evicting the persons who are in possession of the property under bona fide claim or title for a long period. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1996]102STC345(AP)
..... the terms of section 3(a), laid down : 'in our view, therefore, within clause (b) of section 3 are included sales in which property in the goods passes during the movement of the goods from one state to another by transfer of documents of title thereto; clause (a) of section 3 covers sales, other than those included in clause (b), in which the movement of goods from one state to another is the result of a covenant or incident of the contract of sale, and property in the goods passes ..... it says that a sale or purchase of goods is deemed to take place in the course of inter-state trade or commerce if the sale or purchase occasions the movement of goods from one state to another or is effected by transfer of documents of title to the goods during their movement from one state to another. ..... clause 3.3.0 enjoins that the 'title of all the plant and equipment and materials shall pass on to the purchaser in accordance with inoc terms' and transfer of ownership to the purchaser shall be simultaneous provided that such passing of title, risk and property to the purchaser shall not otherwise absolve or dilute the responsibility of the supplier under this contract. ..... it is by that endorsement that title was transferred to the purchasers and that transaction occasioned the movement of the goods, in other words, caused inter-state sales to take place, namely, the sale which occasions the movement of goods from one .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT304
..... act reads as under:'discretion of court as to declaration of status or right:- any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:provided that no-court shall ..... delivered, the same is not affected; (4) that the proviso to section 34 of the specific relief act has no application to this case and (5) that the plaintiffs have succeeded in establishing their subsisting title to the suit land and hence article 65 of the limitation act is applicable and in that case it is for the defendant to establish adverse possession. ..... a and 129/92/3 of shaikpet village that the above land was never in possession of the plaintiffs or their predecessors in title within 12 years to the date of the suit and hence they are not entitled either to the declaration or to the ..... held that the defendant-society has failed to prove that its vendors or predecessors in title have perfected their title to the suit property by adverse possession. ..... plaintiffs filed the suit for declaration of title and recovery of possession of the plaint ..... admitted in the plaint that the defendants were in possession of the suit land by the date of institution of the suit and hence the plaintiffs have no title or possession over the suit land. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT681
..... of the beneficiaries under the act, namely, landless poor persons, statutorily declaring that any transfer of the land granted in favour of any landless poor person should be deemed never to have been transferred and no right or title in such assigned land should vest in any person acquiring the land by such transfer. ..... of cultivation or as a house-site then, notwithstanding anything to the contrary in any other law for the time being in force or in the deed of transfer or other document relating to such land, it shall not be transferred; and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer. ..... even otherwise the impugned action initiated by the respondents 1 and 2 to resume the lands without providing any compensation either for deprivation of the property or for improvements effected by the original assignees and their successors-in-title is totally arbitrary, unreasonable, unfair and violative of articles 14 and 21 of the constitution of india.24. ..... in the light of my finding that the aforementioned alienative facts vested derivative titles of the assigned lands in the original assignees and that the assignments were permanent assignments, the next question to be considered is whether what is vested in the original assignees could be treated as 'property' for the purpose of ..... other words, it should be held that with the assignment of the lands derivative titles to the assigned lands stood vested in the assignees.17. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALD788; 2009(1)ALT445
..... according to him, the rough patta is not a document of title and in the light of the fact that separate proceedings were initiated in the form of a revision petition for examining the validity of this rough patta, their prayer for mutation cannot be entertained. ..... respondents 1 to 3 herein, on the other hand, argued that in the light of the rough pattas granted as long back as in the year 1959, it was not open to the authorities to claim that the respondents 1 to 3 did not have title and possession over the subject lands. ..... 84, 85 and 77 pertaining to the respondents 1 to 3's predecessors-in-title and their claim over the land in sy. ..... 85 granted in their favour, establishing their title and possession, the mandal revenue officer, visakhapatnam (rural) failed to carry out the mutation of their names in the revenue records, constraining them to approach this court by way of the writ petition.6. ..... division bench held that the patta therein had not been granted under section 11 of the act, and accordingly, the rough patta granted in that case did not have the effect of conferring exclusive title upon the patta holder.19. ..... 140/4 to 140/12 of chinagadila village, visakhapatnam (rural), visakhapatnam, claiming title and ownership under patta no. 85. ..... basing upon this analysis, the division bench held that the rough patta issued under the said manual is not one issued under section 11 of the act and is therefore, not a document of title or one constituting evidence of title. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALD176; 2006(5)ALT690
..... 5 of 1980 [the code of criminal procedure, 1973] or in the andhra pradesh civil courts act, 1972, act 9 of 1972 any case in respect of an alleged act of land grabbing or the determination of questions of title and ownership to, or lawful possession of any land grabbed under this act, [shall, subject to the provisions of this act, be tried in the special court] and the decision of special court shall be final. 33. a ..... by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this act, and pass such orders (including orders by way of interim directions) it deems fit;(emphasis supplied)19. ..... visualizing a situation where in the wake of an allegation of committing an act of land grabbing, which attracts the jurisdiction of the special tribunal/special court and if the issue of title over such land shall have to be determined only by the civil court, a party shall have to approach the special court in respect of a part of the cause of ..... perusal of the above excerpted provision shows that the special court is competent to adjudicate the question of title, ownership, or lawful possession of any land alleged to have been grabbed and the matters pertaining to the act of land grabbing are triable by the special court .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD108
..... act came into force, but yet, since the authorities styling it was a evacuee properly and in order to avoid complications, in respect of the title to the land, they purchased the land which was allotted to the dhamanmal anishmimal having an extent of ac.197-21 gts. ..... manner of inquiry under section 7 :--(1) where the custodian is satisfied from information in his possession or otherwise that any property or an interest therein is prima facie evacuee properly, he shall cause a notice to be served, in form no.1, on the person claiming title to such property or interest and on any other person or persons whom he considers to be interested in the property. ..... he submits that merely because, the petitioners accepted that it is an evacuee property, it cannot be legally construed as evacuee property as the parties cannot confer any title or jurisdiction nor their acceptance would validate the notification if it is otherwise invalid in law. ..... unfortunately, the rules do not indicate clearly the point of time from which the title of the auction-purchaser is to commence as is done by section 65 of the code of civil procedure. ..... in full there is no claim to the property, but it seems somewhat strange that a person who has paid the price in full and in whose favour the sale is also confirmed andwho is placed in possession should only acquire title to the property from the date on which a certificate is issued to him. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD485; 2004(6)ALT155
..... if any person is aggrieved as to any rights of which he is in possession by an entry made in any record of rights he may institute a suit against any person denying or interested to deny his title to such right for declaration of his right under chapter vi of the specific relief act, 1963 (central act 47 of 1963) and the entry in the record of rights shall be amended in accordance with any ..... fee on the sale price of the land or market value of the land is made condition precedent for implementing and incorporating changes in the record of rights and pattadar pass books based on acquisition of title by purchase of land through deeds on plain paper or by oral purchase based on which a decree has been passed by the civil court and for no other purposes. ..... it is under those circumstances, the petitioner challenges the validity of rule 27(4) of the rules which is to the following terms:'whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from court or presented to the mandal revenue officer for implementing and incorporating changes in the record of rights and pattadar pass ..... the part of the mandal revenue officers to collect the stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher, in cases where the acquisition of title is by purchase of land through deeds on plain paper or by oral purchase and where such purchase is recognized by the court decrees. .....
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