Back
2018 Supreme(SC) 248
SUPREME COURT OF INDIA
N.V. RAMANA, S. ABDUL NAZEER, JJ.
University of Mysore - Appellant
Versus
Rajaiah (Dead) by LRs. & Ors. - Respondents
Civil Appeal Nos. 170-173 of 2011
Decided On : 23-03-2018
IMPORTANT POINT
KLR Act is not applicable to land belonging to the Sate or the University.
Writ petition cannot be dismissed for delay and latches if the party has acted diligently after having information.
Headnote:(a) Karnataka Land Reforms Act, 1961 – Section 44 and 107 – Not applicable to land belonging to or held on lease by a University established by law – Also not applicable to land belonging to the Government – Application for grant of occupancy rights in respect of such lands nit maintainable. (Para 24)
(b) Constitution of India – Article 226 –– University, lease holder of schedule land, not made party in proceedings before Land Tribunal – Came to know about private respondents’ moves through Deputy Commissioner Delay and latches – Thereafter pursuing matter diligently – High court erred in dismissing writ petition on ground of delay and latches. (Para 25)
Facts of the case:
Rajaiah since deceased by his LRs and Chamundi both sons of late Nanjaiah Thavarekatte, filed two suits, being OS No. 20/1995 and OS No.21/1995, on the file of the Second Munsiff and JMFC at Mysore against the University of Mysore for injunction restraining the University, their officials, subordinates or anybody acting on their behalf from interfering with their possession and enjoyment of the suit schedule properties.
The trial court dismissed the suits.
The private respondents challenged the said judgment and decree by filing RA Nos.87/98 and 88/98 before the II Addl. Civil Judge (Senior Division), Mysore. The First Appellate Court allowed the appeals and the suits filed by the private respondents were decreed only insofar as 4 acres of patta land is concerned. Both the suits in respect of kharab land to an extent of 4 acres each were dismissed.
University challenged the said decree of the First Appellate Court by filing RSA No. 456 of 2000 and RSA No.457 of 2000 before the High Court.
During the pendency of these appeals, University filed WP No.1649 of 2001 and WP No. 4302 of 2001, challenging the legality and correctness of the order dated 5.6.1981 passed by the Land Tribunal, Mysore, in KL/RF/4480/79-80 and 4481/79-81 whereby occupancy right in respect of 4 acres of land each has been granted in favour of the private respondent Rajaiah, and Nanjaiah, father of the other private respondent Chamundi.
The High Court by a common judgment dated 25.6.2004 dismissed the appeals as well as the writ petitions.
Finding of the Court:
KLR Act is not applicable to land belonging to the Sate or the University.
Result: Appeals allowed.
JUDGMENT :
S. Abdul Nazeer, J.
1. The appellant-University of Mysore has filed these appeals challenging the common judgment and order passed by the High Court of Karnataka, Bangalore, in RSA Nos.456 of 2000, 457 of 2000, and in W.P. Nos. 1649 of 2001 and 4302 of 2001 dated 25.06.2004, whereby the High Court has dismissed the appeals and the writ petitions.
2. Rajaiah since deceased by his LRs and Chamundi (hereinafter referred to as the ‘private respondents’) both sons of late Nanjaiah Thavarekatte, filed two suits, being OS No. 20/1995 and OS No.21/1995, on the file of the Second Munsiff and JMFC at Mysore against the University of Mysore (hereinafter referred to as ‘the University’) for injunction restraining the University, their officials, subordinates or anybody acting on their behalf from interfering with their possession and enjoyment of the suit schedule properties. The suit schedule property in OS No. 20/1995 is as under:-
“Patta land bearing Sy. No.4, situated at Kurubarahalli, Mysore Taluk, measuring 4.00 acres, and kharab land 4.00 acres of the same Sy. Number, abutting to the same land, situated at Kurubarahalli, Mysore Taluk, bounded on –
East : by Main road.
West : By Holla.
South : By Bull road
North : By Private land.”
The suit schedule property in OS No. 21/1995 is as under:-
“Patta land bearing Sy. No.4 measuring 4.00 acres, situated at Kurubarahalli, Mysore taluk, and land measuring 4.00 acres of kharab land, situated in the same number, abutting to the said land, situated at Kurubarahalli, Mysore, bounded on the
East : By Halla & Property of Rajaiah
West : By property of R.K. Muthu
South : By Bull road.
North : By land of Narayanappa.”
3. In O.S. No. 20/95 the case pleaded by the private respondent-Rajaiah is that he was the tenant of 4 acres of land in Sy. No.4 of Kurubarahalli village, Mysore, and the landlord was Maharaja of Mysore. On coming into force the Karnataka Land Reforms Act, 1961 (for short ‘the KLR Act’) he filed a declaration seeking occupancy right in respect of the said land. After contest, the Land Tribunal granted occupancy right in respect of the said land in his favour. He has been in possession and enjoyment of the said property.
4. The case put forth by the private respondent-Chamundi in OS No.21/95 is that his father late Nanjaiah was an agricultural tenant in respect of 4 acres of patta land abutting 4 acres of Kharab land situated in Sy. No.4 of Kurubarahalli village, Mysore under Maharaja of Mysore. On enforcement of the Act, the schedule property vested in the Government. His father had filed a declaration seeking grant of occupancy right in respect of the aforesaid 4 acres of land. After contest, the occupancy right had been conferred upon his father on 5.6.1981. After the death of his father the khata of the said property was transferred to his name and that he has been in possession and enjoyment of the said property.
5. In both the suits, private respondents have further contended that the defendant-University has got no manner of right, title and interest over the said property and that the officers of the University are interfering with their possession and enjoyment of said property.
6. University filed written statement in both the suits denying the plaint averments. It was contended that the President of India had executed a deed of lease dated 30.11.1970 in respect of 22 acres of land in Survey No.4 of Kurubarahalli, Kasaba Hobli, Mysore Taluk bounded on the North by remaining portion of Sy No.4, South by road, East by road and West by remaining portion of Serial No.4 of Kurubarahalli in its favour. The lease was for a period of 99 years. Based on the lease deed, University has been in absolute possession and enjoyment of the aforesaid land. The suit scheduled property is part and parcel of this land. It was contended that the private respondents have no manner of right, title or interest whatsoever in respect of the said property.
7. On the basis of the pleadings of the parties, the tr
