• Issuing pattadar pass book and tittle deed by m.r.o

Hi, 
In fact there is a dispute with regard to the tittle of the property and the matter is pending on the file of senior civil judge court. When the matter is pending before the court and there is a prior legal notice requesting the thasildhar , not to issue pattadar pass books and tittle deed book in favour of defendant. In spite of the same the thasildhar office , by suppressing the all the above facts issued p.p book and tittle deed book by back door method. When i aproach sub collector office for ror cancelation , sub collector issued a statisco order. Can any one tell me what shoul I do further to cancel p.p books and tittle deed. The defendant received those books by back door method even though we have issued prior notice about the matter.
Asked 7 years ago in Civil Law

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4 Answers

1) take out contempt of court proceedings against the Tehsildar if any stay order ha been passed and tehsildar in violation of court orders issued Pattedar pas books

2) amend your suit to challenge order passed by Tehsildar

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

A mere notice by your lawyer to the Tahsidar to stop issuing the patta pass book is not binding on the Tahsildar.

He cannot be stopped from performing his duties and functions by a lawyer's notice, he can be restricted only by a court order.

Therefore there is nothing wrong in Tahsildar issuing the patta pass book to the applicant if he found that application is genuine and the documentary evidences are satisfactory.

Please be aware that the patta pass book is not a title document. The registered sale deed or any other deed confirming the title of the owner is called the title deed, hence the patta cannot decide the fate of the ownership of the property.

You may wait for the disposal of the pending case in the court after which you can get the revenue records automatically transferred to your name if the verdict is in your favor.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1) from the reply received by you it appears that pattedar passbook has been issued without following due process of law

2) it was mandatory for MRO to have conducted filed inspection report, considered objection received if any before issue of passbook

3) take out contempt of court proceeding s as pass book has been issued in violation of HC orders

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

It is a known fact that such things will happen in the manner you have mentioned.

Let the case trial begins.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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