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

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

The Supreme Court held that the appellants, having produced a registered sale deed, a pattadar passbook and land revenue receipts and having been in continuous possession since 1970, were entitled to the presumption of ownership under Section 6 of the ROR Act, 1971 and s.113 of the Bhartiya Sakshya Adhiniyam, 2023; the State failed to prove the land was an assigned land or that resumption had been lawfully established, and therefore appellants have pattadar title; because restoration of possession was impracticable (construction long completed) the Court awarded compensation of Rs.70,00,000 to the appellants instead of ordering demolition and restitution.

Parties
Appellants: Yerikala Sunkalamma & Anr.; Respondents: State of Andhra Pradesh, Department of Revenue & Ors.
Jurisdiction
India
Judgment Date
24 March 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in favour of appellants in part; appellants declared to have pattadar title and awarded compensation; appeal disposed of
Legal Topics
Patta, Pattadar Passbook, Assigned Lands, Resumption of Land, Possession as Proof of Ownership (s.113 Bhartiya Sakshya Adhiniyam, 2023), Section 80 CPC Notice, Compensation for Resumed Land
Land Law Property Law Evidence Law Civil Procedure Administrative Law Patta Pattadar Passbook Assigned Lands +4 more

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Parties

Yerikala Sunkalamma & Anr.

Appellants

State of Andhra Pradesh, Department of Revenue & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court was right in setting aside the trial court decree declaring appellants lawful owners of the Patta land
  2. 2 Whether the subject land was assigned government land and if so whether the State proved its title and right of resumption
  3. 3 Whether possession and pattadar passbook entries give rise to a presumption of ownership under s.113 of the Bhartiya Sakshya Adhiniyam, 2023 and s.6 of the ROR Act, 1971

Ratio Decidendi

The Supreme Court held that the appellants, having produced a registered sale deed, a pattadar passbook and land revenue receipts and having been in continuous possession since 1970, were entitled to the presumption of ownership under Section 6 of the ROR Act, 1971 and s.113 of the Bhartiya Sakshya Adhiniyam, 2023; the State failed to prove the land was an assigned land or that resumption had been lawfully established, and therefore appellants have pattadar title; because restoration of possession was impracticable (construction long completed) the Court awarded compensation of Rs.70,00,000 to the appellants instead of ordering demolition and restitution.

Court Disposition

Appeal allowed in favour of appellants in part; appellants declared to have pattadar title and awarded compensation; appeal disposed of

Orders

  • Respondents to pay Rs.70,00,000 (seventy lakhs) to the appellants by way of compensation within three months from date of judgment
  • Appeal disposed of