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Supreme Court of India · 24/03/2025

YERIKALA SUNKALAMMA & ANR. versus STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE & ORS.

[2025] 3 S.C.R. 1011 · 2025 INSC 383

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Plaintiffs who held land since a 1970 registered purchase from a court-auction buyer, with a pattadar passbook and land revenue receipts, were dispossessed by the State in 1995 for a DIET building on the plea that it was assigned land liable to resumption; the High Court reversed the decree in their favour. The Court held that the State, which produced no D-Form patta or record of assignment, had not rebutted the presumption of ownership arising from over twenty years' possession under Section 113 of the Bharatiya Sakshya Adhiniyam (Section 110 of the Evidence Act), that the pattadar passbook vested 'property' within Article 300-A, and that public authorities must respond to Section 80 CPC notices. As the construction was complete, Rs 70 lakhs compensation was directed instead of restoration of possession.

Issues

  1. Whether the High Court erred in reversing the decree of title on the footing that the suit land was Government-assigned land that could be resumed for a public purpose, when the State produced no D-Form patta or record of assignment.
  2. What presumption arises under Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 (Section 110 of the Evidence Act, 1872) from the plaintiffs' proven possession for over twenty years, and on whom the onus lies in a title suit against the Government.
  3. What principles govern suits for declaration of title against the Government, and how burden and onus of proof operate in a suit for possession based on title.
  4. What is the effect of a pattadar passbook issued under the Andhra Pradesh (Record of Rights in Land and Pattadar Pass Books) Act, 1971, and whether the rights so vested are 'property' under Article 300-A of the Constitution.
  5. What duty Section 80 CPC casts on the Government when a statutory notice is received, and what consequence follows from ignoring it.
  6. Whether, the construction being complete, the plaintiffs should be restored to possession or compensated in money.

Provisions considered

Held

Result

Appeal disposed of. Respondents directed to pay the appellants Rs 70 lakhs as compensation within three months of the judgment, in lieu of restoration of possession. Registry to circulate the judgment to all High Courts and the Chief Secretaries of all States, with emphasis on the chapter on Section 80 CPC.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1011.