For generations, a person who remained in possession of another's land for more than twelve years could, in some parts of the State, approach the Tahsildar and have his name brought into the village accounts without going to court. The old Telangana Regulation and the standing orders of that era allowed it. That position has since changed. The A.P. Record of Rights in Land and Pattadar Pass Books Act, 1971, repealed the old regime and laid down a single, statewide framework for record-of-rights corrections. The Commissioner of Survey, Settlements & Land Records has now clarified what this means for adverse possession.
The Situation That Was Raised
The point placed before the Commissioner carried three questions rolled into one:
- In cases of adverse possession of land for over twelve years, can the enjoyer's name be changed in the village accounts without court orders?
- Before the enactment of the R.O.R. Act, Tahsildars used to effect such changes in cases covered by adverse possession.
- What is to be done as per the amended R.O.R. Act in such cases?
The question is a practical one. Village-level revenue officers had, for years, been approached by long-standing occupants seeking to have their names entered against the land. The old Regulation and standing orders permitted this in defined circumstances. Once the 1971 Act came into force and repealed those earlier provisions, that route closed. The clarification spells out the consequences.
The Clarification in Brief
Transfer of registry should not be effected on the basis of adverse possession for more than twelve years. A person in adverse possession, irrespective of the number of years of possession, cannot be recorded as owner or pattadar. The occupant's name is instead shown in Col. 15 of the R.O.R. as occupant, with details of interest or occupation in Col. 17.
| Question | In adverse possession of land for over 12 years, whether the enjoyer's name can be changed in village accounts without court orders, and what is to be done under the amended R.O.R. Act. |
|---|---|
| Answer | No. Transfer of registry should not be effected on the basis of adverse possession for more than 12 years. A person in adverse possession cannot be recorded as owner or pattadar, whatever the number of years of possession. The occupant's name is recorded in Col. 15 as occupant, with details of interest or occupation in Col. 17. |
| Legal basis | Section 13, A.P. Record of Rights in Land and Pattadar Pass Books Act, 1971 (repeal of the earlier Telangana Regulation and standing orders). |
What Section 13 Changed
The clarification quotes Section 13 of the Act, which is a repeal provision. Its effect is to wipe out the earlier legal regime on record of rights in the State. In the words of the section:
"The A.P. (Telangana Area) Record of Rights in Land Regulation 1358 Fasli (Reg. No. LVIII of 1358-F.) and all standing orders and any other provisions of law relating to the record of rights in land as in force in the State are hereby repealed."
Three things follow from this repeal:
- The Telangana Regulation of 1358 Fasli ceased to operate. The old regulation that had governed record-of-rights matters in the Telangana area no longer has force.
- All standing orders on record of rights were repealed. Whatever administrative instructions the department had issued under the old regime no longer stand on their own.
- All changes in registry are now governed by the 1971 Act and its rules. There is one statewide framework, and every correction, entry, or change in the record of rights must be made under it.
The practical consequence for adverse possession is direct. The route that once allowed a long-standing occupant to have his name entered in the village accounts without a court decree no longer exists under the repealed regime. Whatever protection adverse possession may give a person in other legal contexts, it is not a basis for altering the record of rights.
How the Occupant Is Now Shown — Col. 15 and Col. 17
The clarification is careful to draw a distinction. A person in adverse possession cannot be recorded as owner or pattadar — but he is not invisible in the record either. The Record of Rights has separate columns for exactly this situation:
| Column | What is recorded |
|---|---|
| Col. 15 | The occupant's name, recorded as occupant — not as owner or pattadar. |
| Col. 17 | The details of interest or occupation — the nature of the occupant's interest or occupation of the land. |
Read together, these two entries tell the full story: the person is noted in the record as someone in occupation, and the nature of that occupation is described. But the entry stops there. It does not convert into a pattadar entry, and it does not give the occupant the status of owner in the record.
This is the balance the clarification strikes. The record does not pretend the occupant is not there; but it also does not let adverse possession, however long, ripen into an ownership entry.
What This Means in Practice
Several practical consequences flow from this clarification:
- A long-standing occupant cannot obtain mutation without a court order. However many years he has been in possession, the revenue authority will not transfer registry in his favour on that ground alone.
- The old Tahsildar route is closed. The practice of Tahsildars effecting such changes under the repealed Regulation and standing orders is no longer valid.
- The true owner or pattadar's entry remains undisturbed. Adverse possession does not, by itself, displace the recorded owner or pattadar from the record of rights.
- The occupant is shown, but as occupant only. Col. 15 records the name as occupant; Col. 17 records the details of interest or occupation. Neither is a route to a pattadar entry.
- Anyone claiming title by adverse possession must go to a civil court. If the occupant wants to be declared owner, the route is a suit for declaration and consequential relief — not an application to the revenue officer for change of registry.
An Important Caution
Read this clarification in context. It states the position on mutation — that is, on the transfer of registry in the revenue records. It does not abolish the doctrine of adverse possession in civil law, and it does not decide questions of title. The rights and remedies that adverse possession may give a person in a civil suit are governed by other laws, including the Limitation Act. Rules and procedures have changed since 1989, and land records have moved online. Before relying on this for a sale, mortgage, or court matter, get advice from a qualified lawyer.
Key Takeaways
- Transfer of registry should not be effected on the basis of adverse possession for more than 12 years.
- A person in adverse possession, irrespective of the number of years of possession, cannot be recorded as owner or pattadar.
- Section 13 of the 1971 Act repealed the earlier Telangana Regulation (1358 Fasli), all standing orders, and other prior provisions on record of rights.
- All changes in registry are now governed by the 1971 Act and its rules.
- The occupant's name is recorded in Col. 15 as occupant, with details of interest or occupation in Col. 17.
- The earlier practice of Tahsildars effecting changes on the basis of adverse possession is no longer valid.
Frequently Asked Questions
Can a person in adverse possession for over 12 years get his name changed in the village accounts?
No. As per the CSS & LR clarification, transfer of registry should not be effected on the basis of adverse possession for more than 12 years. A person in adverse possession cannot be recorded as owner or pattadar, whatever the number of years of possession.
What did Tahsildars used to do before the R.O.R. Act?
Prior to the enactment of the R.O.R. Act, Tahsildars used to effect changes in the village accounts in cases covered by adverse possession, under the earlier Telangana Regulation and standing orders. That regime was repealed by Section 13 of the 1971 Act.
What does Section 13 of the 1971 Act say?
Section 13 repeals the A.P. (Telangana Area) Record of Rights in Land Regulation 1358 Fasli (Reg. No. LVIII of 1358-F.), all standing orders, and any other provisions of law relating to the record of rights in land as in force in the State.
If a person in adverse possession cannot be recorded as owner, how is he shown in the R.O.R.?
The occupant's name is recorded in Col. 15 of the R.O.R. as occupant, and the details of interest or occupation in Col. 17. The entry stops at occupation — it does not convert into an owner or pattadar entry.
Does this clarification abolish adverse possession altogether?
No. It addresses mutation — the transfer of registry in the revenue records. Adverse possession as a civil law doctrine is governed by other laws, including the Limitation Act. A person claiming title by adverse possession must establish it in a civil court, not through a change of registry.
What is the route for a person in adverse possession who wants to be declared owner?
The civil court. A suit for declaration of title and consequential relief is the appropriate remedy. The revenue authority will not effect a change of registry on the basis of adverse possession alone.
Disclaimer: This article is for general information only and is based on a 1989 clarification. Laws and procedures have since been amended, and land records have moved online. Please verify the current position with the revenue department or a qualified legal professional before acting.
Want the full picture of the Act? Read our complete guide.
AP Pattadar Pass Books Act 1971: Complete Guide
