Mahaboob Batcha Sir (SOCO Trust) -- மகபூப்பாட்சா அவர்களுக்கு -- கண்ணீர்அஞ்சலி -- - By R. Karunanidhi, Advocate

WHETHER PATTA ISSUED BY THE REVENUE DEPARTMENT IS A DOCUMENT OF TITLE OR NOT

-      R. KARUNANIDHI,  

                     (Advocate, Madurai Bench of Madras High Court)  

Introduction:

          First I would like to express my gratefulness to the M.M.B.A. for creating an opportunity to write this essay about Patta. This essay is an endeavor to accentuate that the Patta is not a document for title rather it is just a prima facie substantiation to shows the title. A Patta is a legal document issued by the Revenue Authority in the name of the actual owner of a particular land. It also impliedly says that the land does not belong to the Government or any other person but that it belongs to the person in whose name the Patta stands. A Patta land means it is the private property which stands in the name of a particular individual in the revenue records of the government, in contra distinction to government-owned lands, which are categorized as government poromboke, reserve forests poromboke, road poromboke and water course poromboke etc.  A Patta, once issued, need not be renewed until a transaction through purchase, bequest or court decree takes place. In order to find out whether the vendor has got possession of a land certain documents like Patta or Chitta extract will have to be scrutinized.  Patta Pass book was given to the holders of lands some time back in the 1970’s the revenue department was issued Patta books in various colours like red, yellow and green.  In 1980’s a scheme called “Updating Registry Scheme” (UDR) was formatted  by the Tamil Nadu Government under which revenue officials conducted a survey and issued Patta to the actual holders of lands to whom Patta was granted under the UDR scheme was granted.  The said scheme was started on 01.06.1979 and terminated on 30.04.1987.  Chitta extract gives particulars like Patta number, extent, levy of revenue and name of the Patta holders. These days such books are not issued and conversely Patta is easily obtained on-line by getting a print out of the same on payment of a nominal fees which is very useful for the land owners. The Patta can be transferred in three ways Viz., (1) If an owner having a Patta on his name, dies without leaving a will, the legal heirs of the deceased person are entitled to have Patta for the property in their names, (2) In the case of a person leaving a Will, Patta can be transferred to the beneficiary with the consent of others who will be the immediate heirs of the deceased person and (3) In case of purchase/sale of properties, it is possible to have the Patta directly in the name of a purchaser or a transferee.

Types of Patta:

There are many types of Patta and those types are issued depending upon the nature of property conveyed.

(i) Natham Patta or Manaivari Patta:   

It is appropriate to discuss about the types of Patta for some understanding. Natham Porampoke is another classification done by the revenue department. The word “Natham” denotes a high land which is suitable for constructing house. The Revenue Department issues a Patta called “Natham Patta” or “Manaivari Patta” on two grounds: (i) Poor people who do not own a house site, (ii) A poor person who is in long possession and enjoyment of a site by putting up a hut or some temporary structure. Natham Pattas are issued to deserving persons after proper scrutiny of the suitable beneficiaries. The authority who signs such Natham Pattas under Natham settlement survey scheme is a Special Tahsildar. The other kinds of Natham Pattas are signed by the regular Tahsildar or the Deputy Tahsildar.

(ii) Ryotwari Patta

In olden days certain Manyams called ‘Surotriyams ‘Agraharam’ Zamindari’ were in vogue. All the Inam lands including minor inam were abolished by the advent of Inam Abolition Acts. After abolishing the imams regularization was done. By competent authorities under Ryotwari Pattas were issued in favors of those who were in actual possession and enjoyment of Inam lands. Such Ryotwari Pattas are also exceptional in character in as much as they are considered as document of title.

(iii) 2-C Patta

Apart from this sometimes private rights are provided to individuals as per the Revenue Standing Orders by way of 2-C Patta in respect of trees standing on Government Public land. The appropriate Government collected tax from the individual from the 2-C Patta holders before 1965. The Board Standing Order (BSO) -18 deals with the issuance of 2-C Patta. Thasildar and Deputy Thasildar are empowered to issue and cancel the 2-C Patta. The Villagers usually call this Patta name as “Thoosi Patta” in colloquial language in our state. Presently the Revenue authority does not granting the 2-C Patta.

Verdicts given by the Courts in Pre-Independent India on Patta:

Patta is issued to a person by the revenue authorities main by to fix the person from whom land revenue is to be collected.  On payment of Kist during every Fasli year a receipt is issued by the V.A.O. (Village Administrative Officer).  The Kist receipt would reveal the Patta number, the revenue amount collected and also the period (Fasli year) for which the amount is collected.  The Kist receipt does not disclose the Survey Number of the land but only the Patta Number.  On the contrary Patta would contain Patta Number which comprises the various lands.  Therefore a combined study of Patta or Chitta extract with the Kist receipt would vouch safe for the possession of a particular land. The verdict of Hon’ble Mr.Justice. Bhashyam Ayyangar, in Secretary of State -Vs- Kasturi Reddi ([1903] 26 Mad. 268 at p. 272,)  held that Patta issued by Government in respect of ryotwari lands are mainly intended to give information of the amount of revenue payable and the' installments by which it is to be paid. In the verdict of Samarao Vs Secretary of State (1914 MWN 388), According to Hon’ble Mr.Justice Sadasiva Iyer, Government is under no statutory obligation to issue Patta at all to a Ryotwari proprietor. It sets out the name of the Pattadar, the extent of his land, and its survey number. It is not evidence of title, but only possession. The observations of that learned Judge have been followed in Secretary of State -Vs- Janaki Tammayya Pantulu (A.I.R. 1925 Mad. 859).  It is probably in this sense that we have to understand the observations of the Privy Council in the case reported in Pushwati Alakh Narayan –Vs- Secretary of State (A.I.R. 1926 P.C. 18, at p. 258 (of 49 Mad.) where the following passages occur in the Lordship's judgment, The submerged land was likewise struck out of the Patta which constitute the evidence of title given to the holders in a Ryotwari tenure. These Patta are subject to revision from time to time when changes of circumstances occur. Later, the Privy Council held in Srinath Rai v. Pratap Udai Nath Sahi Deo (A.I.R. 1923 P.C. 217, (at p. 153 of 28 G. W. N.) that a Patta is granted by the Zamindar as a title-deed to the tenant. It is very pertinent to quote the Hon’ble Chief Justice Mr. Victor Murray Coutts Trotter’s verdict in the case of The Official Assignee of Madras, Madras Versus Basudevadoss Badrinarayan Doss (1925 (1) MLJ 423),  where he held, “So far as South India is concerned, there is no doubt that a Patta has generally been regarded as a document of title. The Judge used the words "documents of title" and not "title deed," because it may be that there is some plausible distinction between the two expressions. He further held that a Patta has always been regarded by people in this country as a document of some evidence with regard to possession if not also to title. The original meaning of the word "Patta" appears to have been a lease, but it has always been used to indicate what is called occupancy right, that is, whether it be under a landlord who is a Zamindar or under the Government as suzerain occupancy right, which is really recognized to be practically proprietary right in the soil. Having regard to this meaning that the expression "Patta" has acquired among the landowning classes, it will lead to serious results if it should be held that a Patta is not such a document of title as by depositing which an equitable mortgage could not be created. As a matter of fact, in respect of a very large percentage of property in the country; there are any documents of title at all other than Pattas.  Finally his lordship held that the Patta was such a document as by depositing which an equitable mortgage could be created.

The Tamil Nadu Patta Pass Book Act, 1983:

The Tamil Nadu Patta Pass Book Act, 1983 came into force on 30^th January 1986. It is relevant to note that the preamble of the Act, it is stated that the object of the Act is to provide for the issue of Patta Pass-Book to holders of agricultural land. The definition of “Patta Pass-book” is only available in the Tamil Nadu Patta Pass Book Act, 1983. Section 2(7) of the Act defines, “Patta Pass Book” means the Patta Pass-Book issued under section 3 of the Tamil Nadu Patta Pass Book Act, 1983. When reading the Section 3 of the Act says, it confers the powers to Tahsildar to issue a Patta Pass-Book to every owner in respect of land owned by the individual.  Further the Section 23 of the Act says that the Tahsildar shall issue Patta Pass-Book to every owner in respect of the house site owned by him. The Act itself grant a relief under Section 6 that the entries in the Patta Pass-Book issued by the Tahsildar under section 3 shall be prima facie evidence of title of the person, in whose name the Patta Pass-Book has been issued to the parcels of the land entered in the Patta Pass-Book, free of any prior encumbrance.

Can a Patta be considered as a document of Title?

The endeavor of essay is to discuss whether the Patta issued by the Revenue department can be considered as document of title. We need to discuss certain verdicts of the highest courts to come to a conclusion. As early as in the year 1995, a Division Bench of Madras High Court has observed, “No provision is brought to court notice in the Standing Orders of the Board of Revenue taking away the jurisdiction of the civil court to adjudicate upon the question of title relating to immovable property. Revenue Officers in a Patta proceeding may express their views on the question of title, but such expression of opinion or decision is not conclusive and it is only intended to support their decision for granting Patta. Ultimately, it is the civil court which has to adjudicate the question as to whether the person claiming Patta is the title holder of the land. Even if the revenue authorities decide the question of title, that will not in any way affect the jurisdiction of the civil court, which has to decide the question without reference to the decision of the revenue authorities”.{Kuppuswami Nainar -Vs- The District Revenue Officer, Thiruvannamalai and others, (1995 (1) MLJ 426 (para-3)}.

The Hon’ble Supreme Court answering to a question on whether mutation of a property in the revenue record does create any right over the title in the year 1996, held  “Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title. It only enables the person in whose favour mutation is ordered to pay the land revenue”. {Sawarni Versus Inder Kaur  (1996 (6) SCC 223 (Para-7)}. The Supreme Court discussed about the Revenue record entry in  Widow’s case wherein it stated that mere sanction of mutation in the name of another person will not divest a person from right and title.  The mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue.{Balwant Singh Versus Daulat Singh 1997 AIR(SC) 2719 . [Paras 23 and 24]}. It is pertinent to mention that the Supreme Court held that suit could not have been decreed merely on basis of entries in the revenue records. Following the same the Supreme Court held that the trial Court has to enquire or investigate into the question of title and the same could not have decreed in the suit merely on the basis of the entries in the revenue records.{M.T.W. Tenzing Namgyal & Others Versus Motilal Lakhotia & Others, (2003 (5) SCC 1.}

The Hon’ble Madras High Court elaborately discussed in {T.M.Manicka Naicker Versus N.J.Chandrasekar & Another(CDJ 2003 MHC 1382) Para No-21} about the legal question i.e., whether Patta is a document of title or not. The Patta is also the document of title but when it comes to the question of proving the title. The legal proposition held so far as is that mere Patta cannot confer title and therefore, it goes without saying that Patta could only consolidate and serve as an additional document of title with the some other document of title deeds such as the sale deed, the assignment order passed by the Government etc., and therefore, mere Patta alone cannot confer title, but coupled with the other documents of title deeds, the Patta would also go to prove the title of a person to a particular property. 

The Hon’ble Madras High Court Division Bench held that the Entries in the revenue records does not create or extinguish title nor has it any presumptive value. Further the Division Bench made it clear that the order of the revenue authorities is not binding in the civil suit, and the civil court will decide the rights of the parties independently of the order of the revenue authority.{M.E.A. Mohamed Ali & Others Versus The District Revenue Officer & Others (2005 (4) CTC 9) }. This same view of the Chief Justice of Madras High Court was followed in Senniyappan Vs- The Deputy Tahisldar, Palladam and others (2005(2) L.W.616). Even the Hon’ble Division Bench of Madras High Court has held that person who has applied to the Revenue Divisional Officer for cancellation of Patta should be directed to approach the Civil Court to establish the title since Patta alone is not decide the title of the property. {Vishwas Footwear Company Ltd, rep. by Director V. Ravi Versus The District Collector Kancheepuram & Others (2011 (5) CTC 94)}. Whenever there is discrepancy in the oral evidence, the court normally relies upon documentary evidence. The documents issued by the Government departments are expected to be correct and true. But in one interesting case, the Revenue department issued Patta to the plaintiff family as well as the defendant family. The Hon’ble Madras High Court rejected the evidence of Patta issued by the Revenue department and decided the Second Appeal. {Kesavan and others -Vs- Muthu (2012(6) CTC 303)}. 

 Conclusion

The issuance of Patta signifies only prima facie possession over the property. It is issued in the name of owner or in the case of joint holdings, in the names of the joint owners. If there is any problem or title conflict with the Government or any third person regarding the land, then the Patta can be given in as useful prima facie evidence. If there is any sale of the property, the Patta will not be the main determinant of the ownership of the property. Eventually the Patta is a document largely for paying the revenue tax at the Revenue department. Therefore I conclude that the Patta issued by the Revenue department cannot be considered as document of title.  

This article has been reported in 2014 (6) CTC Page 265

Contact address:

R. KARUNANIDHI,

Advocate

Plot No: 59, Muthu Vinayaga Nagar

Ulaganeri

Near High Court Madurai Bench

Uthangudi Post

Madurai – 625 107

Email- karunalegist@gmail.com