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Judgment
A.K. Rajan, J.—This second appeal is filed against the reversing judgment of the lower appellate Court.
The suit was filed for declaration of title with respect to A schedule property and recovery of possession with respect to C schedule property
and to cancel the patta already issued in favour of defendants.
The trial Court dismissed the suit and held that the defendants have prescribed title by adverse possession. Against that, an appeal was filed and
the Lower Appellate Court reversed the finding and decreed the suit in favour of the plaintiff. Against that, the second appeal is filed.
At the time of admission, this Court has framed the following substantial questions of law for consideration:-
Whether the lower appellate Court has correct in holding that the defendants have not pleaded the question of adverse possession, especially
when the defendants have specifically pleaded adverse possession?
On the facts and materials on record, whether the lower appellate Court is correct in decreeing the suit filed by the first respondent?
On perusal of the records and judgment of the trial Court, there is no pleading that the defendants claim title by adverse possession. When that
being so, the finding of the first appellate Court that the defendants prescribe title by adverse possession, cannot be sustained. Therefore, the
judgment of the first appellate Court is liable to be set aside.
Further, the learned Senior Counsel for the appellants submitted that the appellants have been granted Updating Register (UDR) Patta.
Therefore, it is proved that the defendants are not in possession of the suit property and they also not entitled for title. Hence, the judgment of the
lower appellate Court cannot be sustained.
The learned counsel for the respondents submitted that while granting UDR Patta, measurement was done without issuing notice to the
respondents and therefore, it does not bind on them.
It is a known fact that Updating Register Pattas were granted without taking much care and most of Updating Register Pattas were found to be
not accurate. Further, patta alone does not prove title. In the absence of any title deeds, the defendants are not entitled for title over the suit
property. Therefore the judgment and decree of the lower appellate Court cannot be sustained and are set aside. The judgment and decree of the
trial Court are restored. The substantial question of law is answered in favour of the appellants.
The second appeal is allowed with costs.