EVIDENCE IN A SUIT FOR INJUNCTION:
Pw1: Examination-in-chief: I filed this suit for injunction suit. I am the owner and possessor of suit property. I purchased it from one Shyam by way of unregistered sale deed for an amount of Rs.100000/-(Rupees One lakh) on 10.10.1993. It’s remain unregistered as out of the sale consideration only an amount of Rs.80,000/-(Rupees Eighty thousand only) is paid at the time of sale and it is agreed that registration would take place upon payment of balance sale consideration. However, despite best efforts on my part to make payment to vendor and get it registered it didn’t translate into reality as vendor left the village, fell sick and bed ridden and died later. I was put in possession of the schedule property, at the sale in itself. Since then I have been personally cultivating the suit land without the interruption any person whatsoever. My name is also entered in relevant revenue records as possessor of the suit property. I also made an application for regularization of suit land under S.5A of A.P.Pattadhar and Pass Books Act. There is an escalation of land prices in and around poddur village due to construction of outer ring road. As such defendant being a real estate agent conversant and well versed in craft work of knocking away the land of villagers and no manner connected to the suit land except being adjacent land holder made an unjustified interference into the suit land on 20.112011 so as to grab it. However, I could prevent it with the aid of near and dear. But the defendant while leaving the suit land openly declared that he would dispossess the me at any cost. I am apprehensive of likelihood dispossession, hence, filed the present suit. ExA1 Sale deed dated: 10.10.1993 executed by Shyam in favour of Raghu;
ExA2: C.C of Adangal Phani of year 2001 -2011 relating to suit land issued by Mandal Revenue officer of year; ExA3: C.C of Adangal Phani of year 1999 -2000 relating to suit land issued by Mandal Revenue officer of year; ExA4: C.C of Adangal Phani of year 1990 -1991 relating to suit land issued by Mandal Revenue officer of year; ExA5 C.C of Application u/S.5A given to MRO for regularization of suit land.
Cross Examination: The boundaries of the properties are like this: East: Thirty Feet Village Road; West: Land of Narsimha; North: Plaintiff’s land; South: One Krishna’s land. It is true I have not filed title deed of my vendor. It is true I have not filed any document showing that my vendor is in possession of the property. It is true there is no averment in your pleading stating that you made any attempt to get the land registered from daughter of Late Shyam. I suggest as shyam died and his daughter is not staying you want to grab the suit property. It is true in west boundary of suit property defendant is having land. It is true in our village some time back there is a revenue meeting in our village. I don’t know in recent times there is a campaign in and around Poddur by legal aid committee and revenue officials suggesting villagers to regularize unregistered sale transactions. It is not true to suggest that you made an application before MRO Shameer Pet U/S.5A Pattadar Pass Book Act, but it is rejected as upon inquiry it is came to know that you are not in possession of the property. It is true defendant made an application before MRO, ShameerPet with an allegation that entry made in revenue records is contrary to law and without complying with due process of law. It is not true to suggest that by managing revenue people I entered my name in revenue records as possessor of the suit property. It is not true to suggest that defendant never interfered into the suit land but you with an intention to occupy the land filed this suit without any basis.
PW2 Examination-in-chief: I am resident of poddur village. I am having land adjacent to suit property. Plaintiff by way of unregistered sale deed purchased suit land. It’s remain unregistered as out of the sale consideration only an amount of Rs.80,000/-(Rupees Eighty thousand only) is paid at the time of sale and it is agreed that registration would take place upon payment of balance sale consideration. However, despite best efforts on my part to make payment to vendor and get it registered it didn’t translate into reality as vendor left the village, fell sick and bed ridden and died later. I was put in possession of the schedule property, at the sale in itself. Since then I have been personally cultivating the suit land without the interruption any person whatsoever. My name is also entered in relevant revenue records as possessor of the suit property. There is an escalation of land prices in and around poddur village due to construction of outer ring road. As such defendant being a real estate agent conversant and well versed in craft work of knocking away the land of villagers and no manner connected to the suit land except being adjacent land holder made an unjustified interference into the suit land on 20.112011 so as to grab it. However, I could prevent it with the aid of near and dear. But the defendant while leaving the suit land openly declared that he would dispossess me at any cost. I am apprehensive of likelihood dispossession, hence, filed the present suit.
Cross Examination: I don’t know whether the name of the PW1 is entered in the revenue records as possessor. It is not true to suggest that PW1 is not in possession of the property. I don’t have any document to say that either PW1 or his vendor is in possession of the suit property at any point of time. It is not true to suggest that defendant never interfered into the suit land but Pw1 with an intention to occupy the land filed this suit . It is true recently revenue officals conducted meeting in our village.
DW1: Examination-in-chief: I am resident of Poddur village. I am the defendant in this suit. It is false to say that PW1 is the owner and possessor of suit property. It is also false to say that be purchased it from one Shyam by way of unregistered and possession delivered to him at the time of sale itself. It is incorrect to say that PW1 is been personally cultivating the suit land without the interruption any person whatsoever. PW1’s name is entered in relevant revenue records as possessor of the suit property contrary to law. Hence, I challenged it and same is pending before MRO shameerpet for consideration. It is incorrect to say that due to rise in land prices I want to occupy the suit land. In fact the suit land doesn’t belong to PW1. It is also false to say that I made an unjustified interference into the suit land on 20.112011 so as to grab it and i was prevented by PW1. Hence, I pray the court to dismiss the suit. This suit is filed to grab my property under the guise of injunction from the court.
Cross Examination: It is true as per the revenue a record as on the date PW1 is in possession of the suit property. I don’t know whether the rejected application u/s.5A of Pattadar Pass Book is appealed before higher forum. I don’t know entries made by revenue authorities are presumed to true and correct until contrary is proved. It is not true to suggest that I being an influential person in the village by litigating matter want to make money. It is not true to suggest that with an intention to grab the PW1’s land I interfered into property and intend to occupy it illegally.
COMMENTARY ON REMEDY OF INJUNCITON:
S.36 to 41 of Specific Relief Act,1963 talks about Permanent Injunction.
S.36 says Injunction is a preventive relief granted at the discretion of the court. S.37 says it can be temporary or permanent. The term temporary means injunction granted during the pendency of the suit and the term permanent means injunction granted at the time of granting decree.
S.38 says injunction is granted to prevent the breach of obligation existing in favour of the plaintiff and against the defendant. The term obligation means a duty enforceable by law.
On a combined reading of S.36 and 38 suggest two important things:
a) that injunction is a preventive relief
b) it is a discretionary relief
c) there must be right in favour of the plaintiff and obligation imposed on the defendant.
The term injunction is a preventive means it is a relief granted to prevent the interference of someone who is interfering with plaintiff’s right of enjoyment over his property, whether movable or immovable.
In view of the above it must be mentioned that right to enjoyment from the interference arises only if one is in possession of the property. Therefore, it is necessary on the part of the person who is seeking relief of injunction to prove his possession or ownership of the property. (IT must be mentioned the ownership is a bundle of rights. This bundle of rights constitutes the following: Right to alienate, mortgage, gift; right to possession, right to enjoy as you like, right to exclude others from enjoying the property peacefully). Thus right to enjoyment is directly connected to right to possession if not ownership. If one is in settled and peaceful possession a property means he must have a right to enjoy it without the interference of any one.
It also supports the proposition that when a person is in possession of the property as he has right enjoy it, the whole world has a duty to oblige it.
Now the question is how to prove the possession of the property. The proof of possession varies from kind of property i.e, movable or immovable. However in either case to law mandates particular mode to constitute a person as owner of the property and there is general a public authority who act as in charge or custodian of such property. In India all land records are in the custody of the revenue authorities and there are well-recognized rules and laws for systematic maintenance of land records.
LAND RECORDS:
| Nature of Land | First, we have to know kind and nature of land i.e.,Classification of land. There are 29 records on land. In order to the nature of land one has to go for RSR or Sethwar. It is also known as settlement record. RSR means Revenue survey settlement record (Authenticate document). |
| Owner of Land | The 2nd question who is the owner of the land? Remember, Transfer of ownership is completed by registration. The entry of name in revenue records is great source of security and economic benefit (Ex: Crop loans, Insurance claim, and higher value of evidence). In A.P there are two books (It applies other states also). First is PPB (Pattadhar Pass Book) and the other is Title deed. They came into force in 1971. Prior to 1971 people used to rely on village accounts (VA no.3). In order to obtain loan villagers used to take Certified copy of the land & produce before banks. |
| Location of Land | In which revenue village land falls. There is different between revenue village and gram Panchayat. GP is based on population. Even if villager has several lands in the village his names must be mentioned in the one PB or TTD(Title deed). Even if you don’t own land but if you are possessor or tenant, one can get pass book. But in practice you can’t get book. More than 50% of persons cultivating land their names are not recorded. In Karnataka Bhoomi project is undertaken is in accordance with field reality. We have three set of land records. One set are personal records. 2nd set or records are called Permanent records.3rd records prepared by revenue officer every year. |
| Different Kinds of Land records | Permanent records: Village Map prepared by Survey record. Any change made is a permanent one. If there are fifty Surveys no.s there will be 50 maps. Two kinds of documents:1) Survey records: Village and FMB map /Tippans.2) Settlement records: (RSR/Sethwar) Only permanent changes will be mentioned. If part of the land is sold, there will be annexure and this is a permanent change. This is done by a proceeding. Ex: Survey no25. Partition took place. 25/a, 25.b, 25.c etc., It has 14 columns. In this RSR you will find name of the owner, nature of land, These copies are available Survey, District Collector office, Tashil and state archives. |
| Village level land records: There are 11 land records VRO has to maintain. If the Government owns land all these details must be mentioned in register no.1 Register no.2 Changes in the land. R.3 Phani. It is registered. It is available in revenue office. R.4 it is written individual wise. R3 and R4 difference is R3 is written on basis of survey no wise and V4 is on the basis of individual wise. R5 Land revenue receipt. Three important registers are : VA3, VA1, VA4. Phani/Adangal (VAno.3). It’s an annual record of rights. All the land records are prepared for the purpose of collecting revenue. In Phani there are twenty one columns, Extent, classification of the land (Pvt or govt), dry or wet land(nature), name of cultivator, name of the owner, kind of transaction, extent,. Thus 12, 13, 15, 6, 2, and 2 are also very important. We can’t completely rely on this document. For the simple reason it is maintained by village level officer. | |
| Individual records: 1. 1/B registars. It is kept in Tashil but there shall be maintained separately. It is the Tashildhar who is responsible to maintain it. Record is written for village. Without mention your name one can’t get pass books and title deeds. It is done under ROR Act,1987. Only after entering name in 1/B register a person would become owner. IF the lands are unregistered in some specific cases,MRO by conducting inquiry under S.5A of the ROR Act, can regularize the unregistered sale.Note: All the land records are public records. | |
| Documents lawyers have to see. All these records are at Tashil office. | 1) Settlement rights 2) Village Map and FMP 3) 1/B(Record of rights Reregister) 4) PPB and TD 5) Encumbrance certificate (sub-register land) 6) VA no.3. |
| Land records and the need for understanding them by lawyer | The art lies in understanding these six documents. We have to see these documents for the purpose of following:a) Classification of land (Government or Private) and nature (wet or dry) b) ownership c) survey number and extent. By knowing these details, we will come to know, which kind of land law we have to apply. Thereafter we will come to know kind of forum we have to approach. |