Ittyavira Mathai vs Varkey Varkey

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1963 Supreme(SC) 3

SUPREME COURT OF INDIA
S.J. IMAM, K. SUBBA RAO, RAGHUBAR DAYAL AND J.R. MUDHOLKAR, JJ.
Ittyavira Mathai, Appellant
Versus
Varkey Varkey and another, Respondents.
Civil Appeal No. 372 of 1960.
15th January, 1963
Advocates appeared
M/s. Manual T. Paikedy, R. Mahalingier and Ganpat Rai, Advocate, for Respondent.

Advocates:
GANPAT RAI, Manual T.Paikedy, R.MAHALINGA IYER, V.A.SEYID MUHAMMAD

Headnote:ERROR OF LAW OR FACT—JURISDICTION – COURT HAVING JURISDICTION OVER THE SUBJECT MATTER – BUT COMMITTING ERROR IN DECIDING A PLEA OR PASSING AN ILLEGAL ORDER - NO VESTED RIGHT TO BE HEARD BY A PARTICULAR NUMBER OF JUDGES
       -committed by a judicial or quasi judicial body cannot, in general be impeached otherwise than on appeal unless the erroneous determination relates to a matter on which the jurisdiction of that body depends - Ujjam Bai v. State of U.P., AIR 1962 SC 1621. Merely because the court committed error in deciding a vital issue in the suit, it cannot be said that it has acted beyond jurisdiction
       -it cannot be said that it has acted beyond its jurisdiction
       -as held in Ittavira Mathai v. Varkey Vurkey, AIR 1964 SC 907; Mohd. Meera v. Thirumalaya, AIR 1966 SC 430. = 10 Law Rep. 13.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

Jurisdiction and Error in Decision:
A court with jurisdiction over the subject matter cannot be challenged solely on the basis of an error in deciding a plea or passing an illegal order, unless the error involves a matter that directly affects its jurisdiction. An error in judgment does not mean the court acted beyond its jurisdiction [AIR 1962 SC 1621][AIR 1964 SC 907].
Nature of the Appeal:
The appeal was heard by a bench of two judges, which was deemed proper under the applicable procedural law at the time, despite arguments that a three-judge bench was required according to certain statutory provisions (!) (!) .
Validity of Previous Decrees and Transactions:
The validity of decrees obtained in prior suits, even if potentially barred by limitation, cannot be automatically challenged as nullities unless the court lacked jurisdiction. A court’s jurisdiction encompasses the authority to decide a case correctly or incorrectly (!) (!) .
Limitation and Suit Timeframes:
The suit was filed within the permissible period when considering the period during which the respondents diligently prosecuted their case in the proper court, even if the suit was initially instituted in a different court or was returned for proper jurisdiction (!) (!) .
Delivery of Possession:
Actual delivery of possession was established through credible evidence, including attested reports and witnesses, indicating that possession was transferred to the auction-purchaser. Mere allegations of obstruction or symbolic possession are insufficient to overturn this (!) (!) .
Validity of Sale and Assignment Transactions:
Transactions alleged to be sham or fraudulent, such as assignments or sales, are scrutinized based on evidence of consideration, intent, and subsequent conduct. The absence of evidence of genuine consideration or efforts to realize assigned rights supports the conclusion that such transactions are not genuine (!) (!) .
Effect of Non-joinder:
The non-joinder of a person in a previous suit does not automatically invalidate the decree, especially if the person’s rights were not affected or the transaction was not genuine. The court’s jurisdiction includes the authority to decide on the rights of parties, even if some are not formally joined (!) .
Appeal Procedure and Law:
The procedural law governing appeals, including the number of judges hearing the case, is a matter of procedure rather than a substantive right. Changes in law or procedure after the institution of a suit do not retroactively confer a vested right to a specific form of hearing (!) .
Final Disposition:
The appellate court affirmed the decision of the high court, confirming that the legal and procedural requirements were correctly followed, and dismissed the appeal with costs (!) .

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Judgment

MUDHOLKAR, J. : This is an appeal by certificate from the judgment of the Travancore-Cochin High Court which allowed the appeal preferred by the respondents from the decree of the District Court of Parur dismissing their suit for declaration of title to and recovery of possession of certain properties and for other consequential reliefs.

2. The relevant facts are as follows:

The 23 items of property comprised in the schedule to the plaint belonged originally to two persons Ramalinga Iyer ("Iyen" as described by the High Court) and Raman Velayudhan. They sold them on 6-6-1080 (Malayalam Era which roughly corresponds to the year 1905) to Ittiyavira the deceased father of the appellant defendant No. 1. Part of the consideration for the sale was paid by Ittiyavira in cash and for the balance, he executed two hypothecation bonds in favour of his vendors on the same date. One of the bonds was executed in favour of Raman Velayudhan and the amount secured thereunder was Rs. 308-8-0. In respect of this amount, items of property nos. 3, 5, 14, and 18 were hypothecated with Raman Velayudhan by Ittiyavira. The other bond was in favour of Ramalinga Iyer and under this bond. Ittiyavira hypothecated with him items Nos. 1, 2, 4, 6, 13, 15, 17 and 19-23 and also the remaining items subject to the hypothecation bond in favour of Raman Velayudhan, for securing an amount of Rs. 2,191-8-0. On 3-10-1082. Ramalinga Iyer assigned his hypothecation bond in favour of one Sankara Rama Iyer (Iyen" as described by the High Court). The parties are in dispute concerning this transaction. According to one of them, the deed of assignment Ex. V was a sham document and was not intended to take effect while according to the other, it was a genuine document.

3. It would appear that Ramalinga Iyer had executed a promissory note in favour of one Anantha Iyer ("Iyen" as described by the High Court). After the death of Ramalinga Iyer, Anantha Iyer instituted a suit against his son Sankara Subha Iyer ("Iyer" as described by the High Court) for recovery of the amount thereunder and obtained a decree Ex. VI on 13-11-1088. Treating the deed of assignment executed by Ramalinga Iyer in favour of Sankara Rama Iyer as a sham document, Anantha Iyer attached the mortgagee rights of Ramalinga Iyer in the hypothecation bond which had been executed in his favour by Ittiyavira. The rights under this bond were sold in execution and were purchased by Anantha Iyer at court auction. In a subsequent partition in Anantha Iyer s family, the rights under the hypothecation bond purchased in execution by him were allotted to his share and that of his brother Manicka Iyer ("Iyen" as described by the High Court). Thereafter, these two persons instituted a suit against Ittiyavira being O. S. No. 59 of 1093 in the District Court at Parur and obtained a decree for realisation of the amount against Ittiyavira. The decree-holders subsequently transferred their decree to one Venkiteswara Iyer ("Iyer" as described by the High Court) which the latter executed and at the court auction held in execution of that decree, he himself purchased the hypothecated properties which are the properties in the suit on 27-4-1099. Exhibit C is the sale certificate which was granted to him by the court. Venkiteswara Iyer eventually obtained possession of the properties on 12-7-1099.

4. It would appear that Raman Velayudhan also assigned the hypothecation bond which was executed in his favour by Ittiyavira in favour of some person who eventually sued on the bond and obtained decree in O. S. No. 462 of 1094 in the court of the Munsiff, Moovattupuzha. In execution of that decree, items Nos. 3, 5, 14 and 18 were purchased by one Mathai Ouseph the brother of the second defendant in the suit on 10-11-1096. In pursuance of this decree. Mathai Ouseph obtained delivery of possession of 4 items of property (items 3; 5, 14 and 18) on 19-6-1098 and thereafter sold them to defendant No.2 (wife of appellant) on 5-12-1104.

5. Ev

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