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Home CIVIL

Revenue authorities do not have power or jurisdiction to pronounce upon legal rights or legal entitlement or even to pronounce upon the validity of a Will or a sale deed and such power is undoubtedly vested with the Civil Court

by PLRonline
July 24, 2021
in CIVIL, civl
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Constitution of India, 1950,   Article 227 – Karnataka Land Revenue Act, 1964,  Section 127 – Karnataka Land Revenue Rules, 1966 , Rule 19, 43 – Purpose of changing the revenue entries — The revenue authorities do not have power or jurisdiction to pronounce upon legal rights or legal entitlement or even to pronounce upon the validity of a Will or a sale deed and such power is undoubtedly vested with the Civil Court –  The Tahsildar had no competence to say one way or the other on the validity of the sale deed and to the extent the Tahsildar ventured upon to opine that the sale transaction was one not tenable or proper is an adventure not permitted in law — Whatever may be said by the revenue authorities their domain is only for effecting a change in the revenue records and to show the names of particular persons, which can notion pass on or by itself create rights to such persons who have already acquired them and it is not as though the revenue entries by themselves give such right – Revenue entries are not conclusive of the rights of the parties to the properties.

2005 SCeJ 001 (Kar.)

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