• Final RDO order in my favour for land – should I proactively file declaratory suit to stop future harassment?

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.
Asked 16 hours ago in Property Law
Religion: Hindu

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4 Answers

Not advisable to file declaratory suit 

 

2) wait and watch is best option 

 

3) you have clear and marketable title to property 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

  1. Don’t file declaratory suit immediately unless they are actually interfering / trying to encroach / threatening dispossession.

  2. File a CAVEAT (Sec 148A CPC) right now in local civil court so they cannot get ex-parte stay/injunction behind your back.

  3. Keep all revenue + municipal records updated in your name and keep certified copy of RDO order ready for any new complaints.

  4. File civil suit (Declaration + Permanent Injunction + Temporary Injunction) only if:

    • they disturb possession / attempt encroachment, or

    • they create “cloud on title” with another deed/claim, or

    • they keep filing cases and authorities start entertaining.

RDO order helps a lot for possession/revenue records, but it’s not a final title decree like a civil court.

Shubham Goyal
Advocate, Delhi
2212 Answers
17 Consultations

It’s better to file later if the rights are decided and you have possession . If not then you need to file immediately 

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

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