issued based on specific condition only and the violation of the condition defeats the basic tenet upon which the Ryotwari patta was issued ... issued order cancelling the Ryotwari patta.
3.10. The Sub-Collector, Hosur, cancelled the Ryotwari patta issued on condition, and since the condition was not kept
thus, violated the condition No.3 of the patta, whereas the
condition No.3 of the patta speaks about subletting and not about
non-utilization ... cannot be said that the appellant-society
has violated any condition of patta by charging fees from the
students.
35. It has been vehemently argued
Tahsildar, who signed on the
patta and concluded that the patta is not genuine. Hence, issue of
patta is doubtful. Moreover, inclusion of the property ... second respondent is
that, the patta itself is doubtful and issue of patta without condition
restraining alienation is contrary
patta, but the only issue
that is sought to be canvassed is that the patta granted is a personal patta and
not a patta ... dispute that the patta granted herein are ryotwari pattas. In the aforesaid case,
the patta was not based on any particular condition, however
within
the prescribed period of notice of
completion of Patta i.e. upto 27.1.72,
Patta holder had to hand over the
possession of land ... Patta deed dated 14.09.1962
payment of compensation amount had to
make upto 27.1.1972 then the Patta would
be as per condition, but the Patta
Holders
should not be read as supplanting the Revenue Standing Order.
23. Condition No.3 of the G.O., makes it clear that the Committee headed ... pertaining to the grant of patta are also applicable to the scheme of assignment of house site patta. Condition No.7 clearly indicates that such
resumption of the land
of the petitioners.
As per condition No.17 of the pattas referred to in the
resumption order, it does not empower ... Form Patta in favour of
landless poor persons. But, in the present case several conditions
were incorporated in D-Form patta. One such condition
subject to certain conditions incorporated in Form 'D' Pattas issued to them. Condition No. 17of the Conditions incorporated in the Form ... under Conditions 17 and 19 incorporated in 'D' Form Pattas. Condition No. 17 provides that the assigned land will be resumed
pattadhars, viz., the legal heirs of Abdul Rasheed violating the condition of grant of patta, in particular section 38(3) and for failure to provide ... patta alone can be issued to the service provider.
(ii) The reason for cancellation of patta is that the service providers have violated the condition
burden lies on the
Revenue officials to show that the patta contained a condition against
alienation of the land and that unless the Revenue officials ... capacity as ex-serviceman. However, unfortunately,
the assignment patta has not incorporated the condition as envisaged by
G.O.Ms.No.743, dated
