This writ petition challenged an order directing the petitioner's name be recorded as a mortgagee in the Record of Rights. The Court held that such entries are presumptive regarding possession and do not divest title, dismissing the petition.
Rule discharged and petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-: 1 :-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7353 OF 2005
Sou. Chandrabhabai Krishna Killedar ..Petitioner.
Versus
Shri Shivaji Atmaram Navale & Ors. ..Respondents.
-----
Mr. G.N. Salunke for the Petitioner.
Mr. V.S. Talkute for the Respondent Nos. 2 to 5.
-----
CORAM : S. A. BOBDE, J.
DATED : 24TH OCTOBER, 2005.
P.C.:
1. Rule returnable forthwith. Mr. Talkute for
the Respondent Nos. 2 to 5 appears and waives service
of rule. Heard by consent.
2. The petitioner has challenged the order by
which the Additional Commissioner, Pune, has observed
as follows :-
"The order of Tahsildar "to record the name of
the Respondent i.e. the petitioner herein, by
accepting mortgage in "person under
cultivation column" is illegal."
3. The petitioner claims to be in possession as a
-: 2 :-
mortgagee on the basis of an un-registered mortgage
deed which the petitioner apparently did not produce
before the authority. I see no reason to interfere
with the order since the impugned order cannot have
the effect of divesting the petitioner of any title
she claims to have in the land nor can the said order
ipso facto results in dis-possession of the
petitioner. It is a settled law that the entries in
the Record of Rights do not confer or divest any
person of any title in the property. They have only
presumptive value as regards possession. The said
presumption is rebuttable under section 35 of the
Evidence Act. In this view of the matter, the
petitioner would be at liberty to assert her rights
before the competent civil court, which shall decide
the matter independently.
4. Petition is dismissed. Rule discharged.
DT. 24.10.05 (S.A.BOBDE,J)
1 issue framed by the court
Whether the Additional Commissioner's order directing recording of the petitioner's name as a mortgagee in the Record of Rights is illegal.
1 provisions across 1 enactments
Sou. Chandrabhabai Krishna Killedar
Shri Shivaji Atmaram Navale
S. A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court