VidhiSangh

Supreme Court of India · 06/02/2020

M/S. EDELWEISS ASSET CONSTRUCTION COMPANY LIMITED versus R. PERUMALSWAMY AND ORS.

[2020] 3 S.C.R. 1161 · 2020 INSC 139

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Summary

The Supreme Court set aside a District Revenue Officer’s substitution of a claimant’s name in land records because rectification powers did not authorise adjudication of disputed title. Patta entries were only prima facie evidence, with title disputes for the civil court. The claimant’s admitted acquisition by the State also extinguished the asserted earlier interest and defeated standing to seek rectification. Separate State proceedings to resume the land from its assignee remained open.

Issues

  1. Whether the revenue authority’s rectification power extended to deciding disputed ownership.
  2. Whether the claimant retained an interest after the acknowledged acquisition.

Provisions considered

Held

Result

Appeals allowed; Division Bench judgment and District Revenue Officer’s order set aside, and Single Judge judgment restored. State resumption proceedings expressly left open. Contempt petition 1906/2017 and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1161.