Saji Koduvath, Advocate, Kottayam
Part I
Patta is a Certificate or Document issued by the Government
- (i) to persons to whom ownership is conferred upon Govt. property, or
- (ii) to tenants/grantees of Govt. property, for cultivation, residence etc.
‘Patta’ (or ‘Pattayam’)
- But, Patta, as a Revenue-Term, expresses both assignment of absolute Tile and lease or grant of licence.
- Now-a-days ‘patta’ is generally used to show confinement of Govt. land with absolute Title.
- It was used in early times to signify lease or grant (of licence) of Government-lands alone.
Kerala Government Land Assignment Act, 1960
The Kerala Government Land Assignment Act, 1960, Sec. 8 shows that ‘Pattah is a document evidencing the assignment of Government land or of any interest therein’. Sec. 2(2) denotes that ‘assignment includes a transfer of land by way of lease and a grant of licence‘.
From Sec. 2(2) and Sec. 8, it is clear that “Patta” is issued by the Government on assignment of land including that on lease or grant of licence.
Section 2(2) of the Land Assignment Act, 1960 reads as under:
- “2. Definitions.- (1) ….
- (2). In this Act, unless the context otherwise requires,- (a) assignment includes a transfer of land by way of lease and a grant of licence for the use of land.”
Section 8 of the Land Assignment Act, 1960 reads as under:
- “8. Assignment to take effect with restrictions, conditions, etc., according to their tenor .- All the provisions, restrictions, conditions and limitations contained in any Pattah or other document evidencing the assignment of Government land or of any interest therein shall be valid and take effect according to their tenor, notwithstanding any law for the time being in force or any custom or contract to the contrary.”
Following decisions speak as to patta issued to Tenants –
- Nature Lovers Movement Vs. State of Kerala, AIR 2009 SC 1573
- Kamala Bakshi Vs. Khairati Lal, AIR 2000 SC 1808
- Glanrock Estate (P) Ltd Vs. State of Tamil Nadu, AIR 2010 SC 795 (Ryotwari Patta).
- M Chinnathambi Alias Muthiah Vs. Ponnathal, 2010-1 Mad WN 725;
- Umapathi, K. Vs. Addl. Collector, Thanjavur, 2000-2 Mad LJ 725
- KS Shanthilal Vs. Sarojini Ammal, 1996-1 Mad LJ 562, (Ryotwari Patta)
Lessee is Referred to as Pattadhar
- In Revenue documents (‘record of rights’) of various States in India, the lessee is referred to as pattadhar.
- Several enactments, relating to revenue, also refer patta as lease-document.
‘Holder of property’ – ‘Pattadaran’
In Kerala, in the Land Tax Act Rules, 1972 and the Tax Receipt, describes the ‘holder of property’ as ‘Pattadaran’. It is definite that he is not the title holder.
Transfer of Registry Rules (Kerala) makes it clear – Patta and Title stand for Different Concepts. In Moideen v. Village Officer, 9 January, 2019 (Alexander Thomas, J.) Kerala High Court pointed out with reference to Rule 16 of the Transfer of Registry Rules that the mutation or acceptance of basic land tax, by itself, will not confer or extinguish title and that in accordance with the decisions of the Civil Court pattas will be revised from time to time. Rule 16 of the Transfer Registry Rules reads as under:
- “The summary enquiry and the decision thereon is only an arrangement for fiscal purposes and does not affect the legal rights of any person in respect of the lands covered by the decisions in transfer of registry cases. The question of legal rights is always subject to adjudication by civil courts and pattas will be revised from time to time in accordance with judicial decisions.”
Part II
What was ‘Patta’ In erstwhile Madras (including Malabar)?
- In the erstwhile Madras State, ‘Patta’ was originally a word connected to land-lease. “Patta” issued when Lease was made by Government
Ryotwari System in Malabar – Lease by Government, under Pattas
- Sir Thomas Munro, Madras Governor, introduced ryotwari system throughout the Madras Presidency in 1820.
- Under the ryotwari system, land was given on lease by the government to the ryot under a patta.
- A ryotwari pattadar was not a proprietor of land in its full sense, but only a tenant.
- British Government collected taxes directly from the peasants. The rate of tax was 50% in dry-lands and 60% in irrigated land.
- In S. Thenappa Chettiarv. State of Tamil Nadu, AIR 1986 SC 1117, it was held, following Khajamian Wakf Estates v. State of Madras, AIR 1971 SC 161, that the expression ‘estate’ in Article 31A included ‘ryotwari’ land also by virtue of the Seventeenth Amendment of the Constitution on June 20, 1964 with retrospective effect.
Part III
In Travancore & Cochin – “Patta” denoted both Lease and Janmam
‘Patta’ was originally used in Travancore and Cochin also to denote Government-recognition of ‘holding’ lands, other than that with ‘ownership’ or ‘janmam’ rights; and subsequently it had been used for both lease, grant/licence and Janmam lands.
In the 1910 Indenture executed by an English citizen, Henry Mansfield Knight, in favour of Malayalam Rubber and Produce Co. Ltd. it is seen stated that the vendor (HM Knight) obtained land (Gudempara Estate) under ‘Pattas’ of 1907 and 1909 from the Travancore government subject to ‘terms conditions and covenants’ and also subject to assessment, for a period of 20/30 years. The indenture also provided for applying and obtaining ‘grant or title deed’ by the purchaser (from the Government). From this deed it can be seen that it conferred only lesser right than lease/grant. (Copy of this deed is produced in various civil cases filed by the State of Kerala, in Sub Court, Kattappana, in 2024.)
In Harska Trust v. State of Kerala, ILR 1960 Ker 345, it is pointed out as under –
- ‘According to the petitioners, the issue of the Patta under that Act in respect of these lands was something duly done and the repeal of the Act cannot in any way affect the right granted under that Patta, namely, the right to continue in possession of the lands till the end of 1144 on payment of Rs. 2,665 (about) per year as rent against the basic tax now demanded of over Rs. 12,000 per year’.
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Civil Suits: Procedure & Principles
Book No, 1 – Civil Procedure Code
- Can an ‘Ex-parte’ Defendant Cross Examine Plaintiff’s Witness?
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
- Civil Rights and Jurisdiction of Civil Courts
- Res Judicata and Constructive Res Judicata
- Order II, Rule 2 CPC – Not to Vex Defendants Twice
- Pleadings Should be Specific; Why?
- Pleadings in Defamation Suits
- UNDUE INFLUENCE and PLEADINGS thereof in Indian Law
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- Declaration and Injunction
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- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Sec. 91 CPC and Suits Against Wrongful Acts
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- Mandatory Injunction – Law and Principles
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- Interrogatories: When Court Allows, When Rejects?
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- Transfer of Property with Conditions & Contingent Interests
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
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- What is Partnership, in Law? How to Sue a Firm?
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- Burden of Proof – Initial Burden and Shifting Onus
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- Can a Commission be Appointed to Find Out the Physical Possession of a Property?
- Rules on Burden of proof and Adverse Inference
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- Family Settlement or Family Arrangement in Law
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- Waiver and Promissory Estoppel
Power of attorney
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- Is Registered Power of Attorney Necessary for Registration of a Deed? No.
Title, ownership and Possession
- Section 27, Limitation Act Gives-Rise to a Substantive Right so as to Seek Declaration and Recovery
- Sale Deeds Without Consideration – Void
- Recovery of Possession Based on Title and on Earlier Possession
- Title and Ownership in Indian Law
- Admission by itself Cannot Confer Title
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- POSSESSION is a Substantive Right in Indian Law
- 22nd Law Commission Report on ‘Law on Adverse Possession’
- Government of Kerala v. Joseph – Law on Adverse Possession Against Government
- How to Plead Adverse Possession? Adverse Possession: An Evolving Concept
- Adverse Possession: Burden to Plead Sabotaged
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- When ‘Possession Follows Title’; ‘Title Follows Possession’?
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- Preemption is a Very Weak Right; For, Property Right is a Constitutional & Human Right
- Transfer of Property with Conditions & Contingent Interests
- Family Settlement or Family Arrangement in Law
- INJUNCTION is a ‘Possessory Remedy’ in Indian Law
- ‘Possessory Title’ in Indian Law
- Kesar Bai v. Genda Lal – Does Something Remain Untold?
- Grant in Law
Adverse Possession
- How to Plead Adverse Possession? Adverse Possession: An Evolving Concept
- Adverse Possession: Burden to Plead Sabotaged
- Does ‘Abandonment’ Give rise to a Recognised Right in Indian Law?
- When ‘Possession Follows Title’; ‘Title Follows Possession’?
- Government of Kerala v. Joseph – Law on Adverse Possession Against Government
- ‘Possessory Title’ in Indian Law
- Admission by itself Cannot Confer Title
- Ouster and Dispossession in Adverse Possession
Principles and Procedure
- Doctrines on Ultra Vires, Rule of Law, Judicial Review, Nullification of Mandamus, and Removing the BASIS of the Judgment
- Can an ‘Ex-parte’ Defendant Cross Examine Plaintiff’s Witness?
- Will – Probate and Letters of Administration
- Appreciation of Evidence by Court
- Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross-Examination by the Witness
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- Admission by itself Cannot Confer Title
- Best Evidence Rule in Indian Law
- Declaration and Injunction
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- Natural Justice – Not an Unruly Horse
- ‘Sound-mind’ and ‘Unsound-Mind’
- Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent Court
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- Forfeiture of Earnest Money and Reasonable Compensation
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Admission, Relevancy and Proof
- Relevancy, Admissibility and Proof of Documents
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- Admission by itself Cannot Confer Title
- Proof and Truth of Documents
- Proof of Documents & Objections To Admissibility – How & When?
- Burden of Proof – Initial Burden and Shifting Onus
- Appreciation of Evidence by Court
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- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
Land Laws/ Transfer of Property Act
- What is Patta or Pattayam?
- Does ‘Pandaravaka Pattom’ in Kerala Denote Full-Ownership?
- Transfer of Property with Conditions & Contingent Interests
- Vested Remainder and Contingent Remainder
- Vested interest and Contingent Interest
- Ultimate Ownership of All Property Vests in State; It is an Incident of Sovereignty.
- Land Acquired Cannot be Returned – Even if it is Not Used for the Purpose Acquired
- ‘Mutation’ by Revenue Authorities & Survey will not Confer ‘Title’
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Marumakkathayam – A System of Law and Way of Life Prevailed in Kerala
- Relevant provisions of Kerala Land Reforms Act in a Nutshell
- Land Tenures, and History of Land Derivation, in Kerala
- ‘Janmam’ Right is FREEHOLD Interest and ‘Estate’ in Constitution – By Royal Proclamation of 1899, The Travancore Sircar became Janmi of Poonjar Raja’s Land
- Government is the OWNER of (Leasehold) Plantation Lands in Kerala.
- Sale Deeds Without Consideration – Void
- Law on Acquisition of Private Plantation Land in Kerala
- Law on SUCCESSION CERTIFICATE and LEGAL HEIRSHIP CERTIFICATE
- Grant in Law
Evidence Act – General
- Evidence in Court – General Principles
- Expert Evidence and Appreciation of Evidence
- How to Contradict a Witness under Sec. 145, Evidence Act
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- Best Evidence Rule in Indian Law
- What is Collateral Purpose?
- Burden of Proof – Initial Burden and Shifting Onus
- Appreciation of Evidence by Court
- Effect of Not Cross-Examining a Witness & Effect of Not Facing Complete Cross Examination by the Witness
- Suggestions & Admissions by Counsel, in Cross Examination to Witnesses
- Modes of Proof – Admission, Expert Evidence, Presumption etc.
- Admission by itself Cannot Confer Title
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- Significance of Scientific Evidence in Judicial Process
- Polygraphy, Narco Analysis and Brain Mapping Tests
- What is Section 27 Evidence Act – Recovery or Discovery?
- How ‘Discovery’ under Section 27, Evidence Act, Proved?
- Pictorial Testimony Theory and Silent Witnesses Theory
- Proof on ‘Truth of Contents’ of Documents, in Indian Evidence Act
Sec. 65B
- Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
- Sec. 65B Evidence Act Simplified
- ‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
- Sec. 65B, Evidence Act: Certificate forms
- Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic Records’: Arjun Panditrao Explored.
- How to Prove ‘Whatsap Messages’, ‘Facebook’ and ‘Website’ in Courts?
Law on Documents
- Production, Admissibility & Proof Of Documents
- Relevancy, Admissibility and Proof of Documents
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- Registration of Documents Executed out of India
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- Are RTI Documents Admissible in Evidence as ‘Public Documents’?
- Oral Evidence on Contents of Document, Irrelevant
- Effect of Marking Documents Without Objection – Do Contents Stand Proved?
- Proof of Documents & Objections To Admissibility – How & When?
- Notary-Attested Documents: Presumption, Rebuttable
- What is Collateral Purpose?
- No Application Needed for Filing or Admitting Copy
- Presumptions on Registered Documents & Truth of Contents
- Notice to Produce Documents in Civil Cases
- Production of Documents: Order 11, Rule 14 & Rule 12
- Modes of Proof – Admission, Expert Evidence, Presumption etc.
- Proof and Truth of Documents
- Secondary Evidence of Documents & Objections to Admissibility – How & When?
- 30 Years Old Documents and Presumption of Truth of Contents, under Sec. 90 Evidence Act
- Unstamped & Unregistered Documents and Collateral Purpose
- Adjudication as to Proper Stamp under Stamp Act
- Marking Documents Without Objection – Do Contents Proved
- Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in Registering Deeds
- Substantive Documents, and Documents used for Refreshing Memory and Contradicting
- How to Contradict a Witness under Sec. 145, Evidence Act
- Visual and Audio Evidence (Including Photographs, Cassettes, Tape-recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)
- Pictorial Testimony Theory and Silent Witnesses Theory
- No Adjudication Needed If Power of Attorney is Sufficiently Stamped
- Can an Unregistered Sale Agreement be Used for Specific Performance
- Impounding of Documents – When Produced; Cannot Wait Till it is Exhibited
Interpretation
- Interpretation of Statutes – Literal Rule, Mischief Rule and Golden Rule
- Interpretation of Documents – Literal Rule, Mischief Rule and Golden Rule
- Interpretation of Wills
- Appreciation of Evidence by Court
Contract Act
- ‘Sound-mind’ and ‘Unsound-Mind’ in Indian Civil Laws
- Forfeiture of Earnest Money and Reasonable Compensation
- Who has to fix Damages in Tort and Contract?
- UNDUE INFLUENCE and PLEADINGS thereof in Indian Law
- Can an Unregistered Sale Agreement be Used for Specific Performance
Law on Damages
- Law on Damages
- Who has to fix Damages in Tort and Contract?
- Law on Damages in Defamation Cases
- Pleadings in Defamation Suits
Easement
- Easement Simplified
- What is Easement? Does Right of Easement Allow to ‘Enjoy’ After Making a Construction?
- Prescriptive Rights – Inchoate until the Title thereof is Upheld by a Competent Court
- Will Easement of Necessity Ripen into a Prescriptive Easement?
- What is “period ending within two years next before the institution of the suit”?
- Is the Basis of Every Easement, Theoretically, a Grant
- Extent of Easement (Width of Way) in Easement of Necessity, Quasi Easement and Implied Grant
- Can Easement of Necessity and of Grant be Claimed in a Suit (Alternatively)?
- “Implied Grant” in Law of Easements
- Can an Easement-Way be Altered by the Owner of the Land?
- Village Pathways and Right to Bury are not Easements.
- Custom & Customary Easements in Indian Law
- ‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
- Grant in Law
Stamp Act & Registration
- Cancellation of Sale Deeds and Settlement Deeds & Powers of Sub-Registrar in Registering Deeds
- Time-Limit For Adjudication of Unstamped Documents, before Collector
- Time Limit for Registration of Documents
- Registration of Documents Executed out of India
- LAW ON INSUFFICIENTLY STAMPED DOCUMENTS
- Adjudication as to Proper Stamp under Stamp Act
- Unstamped & Unregistered Documents and Collateral Purpose
- Impounding of Documents, When Produced; Cannot Wait Till it is Exhibited
- No Adjudication Needed If Power of Attorney is Sufficiently Stamped
- Notary Attested Power-of-Attorney Sufficient for Registration
Will
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?Interpretation of Wills
- Interpretation of Inconsistent Clauses in a Will
- Will – Probate and Letters of Administration
- Executors of Will – Duties & their Removal
- How to Prove a Will, in Court?Is Presumption enough to Prove a Registered Will?
- How to Write a Will? Requirements of a Valid Will
- When Execution of a Will is ‘Admitted’ by the Opposite Side, Should it be ‘Proved’?
Arbitration
- N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. and Ground Realities of Indian Situation
- What are Non-Arbitrable Disputes? When a Dispute is Not Referred to Arbitration in spite of Arbitration Clause
- Termination or Nullity of Contract Will Not Cease Efficacy of the Arbitration Clause
- No Valid Arbitration Agreement ‘Exists’ – Can Arbitration Clause be Invoked?
Divorce/Marriage
- Presumption of Valid Marriage – If lived together for Long Spell
- Validity of Foreign Divorce Decrees in India
- Is ‘Irretrievable Brake-down of Marriage’, a Valid Ground for Divorce in India?
- Foreign Divorce Judgment against Christians having Indian Domicile
Negotiable Instruments Act
- “Otherwise Through an Account” in Section 142, NI Act
- Where to file Cheque Bounce Cases (Jurisdiction of Court – to file NI Act Complaint)?
- Cheque Dishonour Case against a Company, Firm or Society
- What is ‘Cognizance’ in Law
Book No. 2: A Handbook on Constitutional Issues
- Judicial & Legislative Activism in India: Principles and Instances
- Can Legislature Overpower Court Decisions by an Enactment?
- Separation of Powers: Who Wins the Race – Legislature or Judiciary?
- Kesavananda Bharati Case: Never Ending Controversy
- Mullaperiyar Dam: Disputes and Adjudication of Legal Issues
- Article 370: Is There Little Chance for Supreme Court Interference
- Maratha Backward Community Reservation: SC Fixed Limit at 50%.
- Polygraphy, Narco Analysis and Brain Mapping Tests
- CAA Challenge: Divergent Views
- FERA, 1973 And Transfer of Immovable Property by a Foreigner
- Doctrine of ‘Right to be Forgotten’ in Indian Law
- Doctrines on Ultra Vires and Removing the BASIS of the Judgment, in ED Director’s Tenure Extension Case (Dr. Jaya Thakur Vs. Union of India)
- Dr. Jaya Thakur v. Union of India – Mandamus (Given in a Case) Cannot be Annulled by Changing the Law
- Art. 370 – Turns the Constitution on Its Head
Religious issues
- Secularism and Art. 25 & 26 of the Indian Constitution
- Secularism & Freedom of Religion in Indian Panorama
- ‘Ban on Muslim Women to Enter Mosques, Unconstitutional’
- No Reservation to Muslim and Christian SCs/STs (Dalits) Why?
- Parsi Women – Excommunication for Marrying Outside
- Knanaya Endogamy & Constitution of India
- Sabarimala Review Petitions & Reference to 9-Judge Bench
- SABARIMALA REVIEW and Conflict in Findings between Shirur Mutt Case & Durgah Committee Case
- Ayodhya Disputes: M. Siddiq case –Pragmatic Verdict
Book No. 3: Common Law of CLUBS and SOCIETIES in India
- General
- Property & Trust
- Juristic Personality
- Suits
- Amendment and Dissolution
- Rights and Management
- Election
- State Actions
Book No. 4: Common Law of TRUSTS in India
- General Principles
- Dedication and Vesting
- Trustees and Management
- Breach of Trust
- Suits by or against Trusts
- Law on Hindu Religious Endowments
- Temples, Gurudwaras, Churches and Mosques – General
- Constitutional Principles
- Ayodhya and Sabarimala Disputes
- General