NINGAPPA vs DY. COMMISSIONER - 2011 Supreme(SC) 1534

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2011 Supreme(SC) 1534

SUPREME COURT OF INDIA
MARKANDEY KATJU, CHANDRAMAULI KR. PRASAD
NINGAPPA - Appellant
VERSUS
DY. COMMISSIONER & ORS. – Respondent
CIVIL APPEAL NO(s). 3131 OF 2007
Decided On : 14-07-2011

Important Points

Even where a statute does not prescribe a limitation period, legal applications must be filed within a reasonable timeframe to be maintainable; undue delay can render such applications non-maintainable.

Subject

Civil Law - Land Law

Act Referred

KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES PROHIBITION OF TRANSFER OF CERTAIN LANDS ACT: S.4, S.5

Headnote

(A) Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Sections 4 and 5 - Restoration of land - Delay in filing application - Even if no limitation is prescribed by the statute, all acts have to be done within a reasonable period of time - Application filed after considerable delay is not maintainable.

Facts of the case:
Respondents voluntarily sold land to the appellant in 1972. In 1988, the respondents filed an application under the relevant Act praying for the cancellation of the sale transaction and restoration of the land.

Findings of Court:
The application for restoration of land should have been rejected as it was not maintainable due to the considerable delay in filing.

Issues: Whether an application seeking restoration of land is maintainable if filed after a significant time lapse, notwithstanding the absence of a prescribed limitation period in the statute.

Ratio Decidendi: The court held that regardless of whether a statute provides a specific limitation period, all legal acts must be performed within a reasonable timeframe to be maintainable.

Result: Appeal allowed.

Legal Category Hierarchy

Advocates Appeared:
For the Appellant : Mr. S.N. Bhat,Adv.
For the Respondent: Ms. Kiran Suri,Adv. Mr. S.J. Amith, Adv. Mr. V.N. Raghupathy, Adv.

ORDER :

The Appeal is allowed in terms of the signed order.

ORDER :

Heard learned counsel for the parties.

This Appeal has been filed against the impugned judgment dated 09.11.2005 passed by the High Court of Karnataka in Writ Appeal No. 7727 of 2003.

The facts have been set out in the impugned judgment and hence we are not repeating the same here.

Admittedly, respondent Nos. 3 to 7 had sold the land in question to the appellant in the year 1972. This was done by respondents Nos. 3 to 7 voluntarily and of their own free volition. It is only in the year 1988 that they filed an application before the Assistant Commissioner under Section 4 read with Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 inter alia praying for cancellation of the sale transaction and also restoration of the land in question.

In our opinion, the application of the respondents should have been rejected on the short ground that there was considerable delay in filing the same and thus it was not maintainable. Even if no limitation is prescribed by the statute, all acts have to be done within a reasonable period of time.

In the result, the Appeal is allowed and the impugned judgment is set aside. No costs.