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2014 (7) TMI 1187 - ANDHRA PRADESH HIGH COURTInvalidation of sales - violation of the condition of non-alienation contained in the assignments - Non-production of the Assignment Registers - Held that:- What this Court is unable to comprehend is the failure of the State to produce the Assignment Registers for the period prior to 1969. As noted above, PW-1 in her evidence stated that these records are kept in old record room. Substantial time was granted to the State to produce the Assignment Registers. Despite availing such time, the State failed to produce these records. The non-production of the Assignment Registers for the earlier periods would give rise to an adverse inference against the State that it has deliberately withheld the record to suppress the fact that the lands were assigned prior to 18-6-1954 and that once again they are being shown as having been assigned from the year 1969 onwards. The State has got the Darkhast file marked as Ex.A-5 and also produced a few assignment copies in order to fortify their plea that the assignments were made after 18-6- 1954. As observed earlier, Ex.A-5-Register contains several corrections regarding the names of the alleged assignees by rounding off the names originally written and writing fresh names. It is the common case of both the parties that revenue records have been tampered with. As the State has failed to prove that the assignments containing the condition of non-alienation were made for the first time after 18-6-1954, it is not possible for this Court to invalidate the sales purportedly on the ground that such sales are in violation of the condition of non-alienation contained in the assignments. For the above mentioned reasons, do not find any merit in Company Application
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