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TMI Blog2019 (1) TMI 1799X X X X Extracts X X X X X X X X Extracts X X X X ..... 01 and that the said property was once again transferred in favour of the appellant, which is only a sister concern of M/s. Arun Anith Shelters Limited, on 24.10.2003. It is also stated that the entire extent of land was converted into housing plots and that most of the plots have been sold out in favour of third parties, who are in physical enjoyment as on date. 2.2. It is further stated that later based on an application made by the third respondent, there are alteration of revenue records with regard to an extent of 46 cents in favour of third respondent by the impugned order of the first respondent on the basis of the report submitted by the Tahsildar. Later, the appellant has filed a suit in O.S. No. 271 of 2013 on the file of the Principal District Munsif, Kovilpatti, for permanent injunction against the third respondent from interfering with the peaceful possession and enjoyment of the suit property by the appellant. 2.3. It is also not in dispute that the third respondent has filed a written statement making a counter claim for a declaration of title and for recovery of possession in respect of the extent in which the first respondent has directed change of patta. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d respondent was in fact playing the role of a fact finding authority and ultimately it is the first respondent who passed the order. The petitioner did not raise any objection before the second respondent stating that he has no jurisdiction to call for information rather the petitioner cooperated in the enquiry, made their submissions and sought to sustain the entry in the revenue records. Therefore, the petitioner having acquired themselves of the factual position and having been satisfied with the manner in which enquiry was conducted, would be precluded from now contending that the order suffers from violation of principles of natural justice." 5. From the order passed by the learned Single Judge, it is evident that one of the main questions, that was raised by the appellant was not considered, even though it was specifically made by the writ petitioner in the writ petition. Secondly, the legal submission of the appellant that the impugned order passed by the first respondent is in violation of principles of natural justice. Though, the learned Single Judge accepted that no notice was issued by the first respondent before passing the impugned order, the learned Judge has held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iples of natural justice in this case cannot be sustained. 9. The learned Senior Counsel appearing for the third respondent submitted that he can demonstrate before this Court by producing the death certificate of the father of the third respondent to show that the death certificate has been fraudulently obtained by the appellant. He also relied upon a judgment of the Honourable Supreme Court in the case of Suraj Bhan and others vs. Financial Commissioner and others, reported in (2007) 6 SCC 186. In the said judgment, the Honourable Supreme Court has held as follows: "8. So far as mutation is concerned, it clear that entry has been made and mutation has been effected in Revenue Records by Tehsildar on the basis of an application made by respondent No. 5 herein and his name has been entered in Record of Rights on the basis of the Will said to have been executed by Ratni Devi. In our opinion, therefore, it cannot be said that by entering the name of respondent No. 5 in Revenue Records, any illegality had been committed by Tehsildar. It is true that no notice was issued to the appellants but the Tehsildar had taken the action on the basis of Will said to have been executed by decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act, no document relating to transfer of any land by sale, gift, mortgage, exchange, settlement or otherwise, shall be registered by the registering authority, unless, the patta pass book relating to such land is produced before such registering authority. 11. As stated above under Section 6 of the Act, the entries in patta pass book issued by the Tahsildar, shall be prima facie evidence of the title of person, in whose name patta has been issued. Under Section 10 of the Act, the modification of entries in patta pass book is permissible only under three following circumstances: "(1) Either by reason of death of person; (2) by reason of transfer of interest in land; and (3) by reason of any subsequent change in circumstance." 12. Having regard to the admitted facts in the present case, the dispute is with regard to title. The fact that the appellant's name was in the revenue records before the modification of entry by the impugned order passed by the first respondent is not in dispute. In such circumstances, even for carrying out any correction, the person, against whom the entry is made, should be given an opportunity before the modification of entry is made. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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