Not advisable to file declaratory suit
2) wait and watch is best option
3) you have clear and marketable title to property
I own 34 cents of land in Macharla, Andhra Pradesh, purchased through a registered sale deed with a clear chain of title. A third party falsely claimed ownership and filed an appeal before the RDO. After full enquiry, the RDO passed a final order in my favour, clearly recording that: • The appellant failed to prove ownership • I am the lawful owner • I am in possession and enjoyment of the land Current status and documents with me: • Registered sale deed (clear chain) • Original root/link document from 1984 • Encumbrance Certificate – clear • Final RDO order in my favour • Municipal mutation completed and taxes paid (no dues) • Electricity connection and meter in my name • Boundary wall/fencing and a small structure • Previous owner’s survey certificate • Continuous physical possession with me The RDO order mentions that the appellant may approach higher revenue authorities like the Joint Collector, but there is no stay or adverse order currently. My concern is that instead of going to court, the opposite party may continue filing repeated representations before revenue authorities or try to use local influence, causing unnecessary harassment even though the RDO order is final. My questions: 1. Is it advisable to proactively file a declaratory title + permanent injunction suit now to permanently secure my ownership and possession? 2. Or is it better to wait and act only if the opposite party approaches higher authorities or civil court? 3. How strong is an RDO final order in protecting title in the long term without a civil court decree? 4. Would filing first give me a strategic advantage in such cases? I am looking for practical guidance on the best strategy and timing, not just theoretical options.
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Not advisable to file declaratory suit
2) wait and watch is best option
3) you have clear and marketable title to property
1. You can file only a permanent injunction suit, don't ask for declaration relief because your title is clear.
2. It is good idea to challenge the appeal, if he prefers one.
3. RDO is not an authority to declare your title, your title to the property is established by the registered sale deed in your favour.
4. There is no advantage for you to file the injunction suit especially when the matter is likely to be subjudice in the form of an appeal.