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SUPREME COURT OF INDIA
S. ABDUL NAZEER, KRISHNA MURARI, JJ.
Nadakerappa Since Deceased by LRs. and Others – Appellants
Versus
Pillamma Since Deceased by LRs. and Others – Respondents
Civil Appeal Nos. 7657-7658 of 2017
Decided On : 31-03-2022
(A) Karnataka Land Reforms Act, 1961 – Section 45 – Grant of occupancy rights – Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands – In construing provisions of such enactments, court should adopt a construction which advances, fulfils and furthers object of the Act rather than one which would defeat the same and render the protection illusory – Object of Act was mainly to confer ownership on tenants of lands – Large number of tenants were lacking from adequate and basic necessities of life and were suffering from acute poverty – Legislature has recognized this aspect and has cast responsibility on Tahsildar to verify particulars mentioned in application with reference to Revenue Records and to note the same on application – Tenant in instant case has not practiced any fraud in order to get occupancy rights registered in his name – Division Bench, without assigning any cogent reasons, has set aside order of Single Judge and has remanded the matter to Land Tribunal – Order of Division Bench set aside and Order of Single Judge restored. (Paras 23, 24, 25 and 29)
(B) Karnataka Land Reforms Act, 1961 – Section 8-A, Proviso – Correction of extent of land in order of Land Tribunal – Whether order requires correction or not has to be decided by Land Tribunal, after hearing parties – Most of tenants are villagers from remote areas and most of them are illiterate persons and the Act is a beneficent legislation – This aspect has to be kept in mind while deciding cases under the Act – Single Judge was not justified in quashing Notice issued by Land Tribunal on the ground of delay of about 20 years – Order of Single Judge set aside. (Paras 28 and 29)
(C) Civil Procedure Code, 1908 – Order XLI Rule 23 – Remand of matter – Order of remand cannot be passed as a matter of course – An order of remand cannot also be passed for the mere purpose of remanding a proceeding to lower court or Tribunal – Endeavour has to be made by Appellate Court to dispose of case on merits – Where both sides have led oral and documentary evidence, Appellate Court has to decide appeal on merits instead of remanding the case to lower court or Tribunal. (Para 25)
Facts of the case:
Two questions arise for consideration in these appeals. The first question is whether the Division Bench was justified in reversing the order of Single Judge in W.P. No.23034/2002, setting aside the order of the Land Tribunal dated 30.04.1982 and remanding the matter to the Land Tribunal. The second question is whether Single Judge was justified in quashing the notice dated 24.05.2002.
Findings of Court:
(I) The order in Writ Appeal No.1950 of 2007 dated 30.12.2014 passed by the Division Bench of the High Court of Karnataka at Bengaluru is set aside and the order of Single Judge in W.P.No.27230/2002 dated 25.07.2007 is restored.
(II) The order in Writ Appeal NO.1563 of 2007 dated 30.12.2014 is set aside and the order of Single Judge in W.P.No.23034/2002 dated 25.07.2002 is also set aside. Land Tribunal directed to hold an inquiry on the notice dated 24.05.2002 and pass appropriate orders thereon in accordance with law as expeditiously as possible.
Result : Appeals allowed.
JUDGMENT :
S. ABDUL NAZEER, J.
1. These appeals are directed against the judgment dated 30.12.2014 passed by the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No. 1563 of 2007 connected with Writ Appeal No. 1950 of 2007.
2. The brief facts necessary for the disposal of these appeals are as follows:
3. Appellants are the legal representatives of one Nadakerappa. Nadakerappa claiming to be the tenant of the said lands filed two applications in Form No. 7 for grant of occupancy rights of the said lands along with two other lands i.e. Survey Nos. 4/14 and 65. The Land Tribunal by its order dated 30.04.1982 granted occupancy rights in favour of Nadakerappa in respect of the lands bearing Survey No. 4/7 to an extent of 35 guntas, Survey No. 4/2 to an extent of 25 guntas and Survey No. 1/11 to an extent of 25 guntas. Certificate of registration was issued in favour of Nadakerappa in respect of these lands on 08.09.1982 to the extent indicated above. Nadakerappa paid an amount of Rs. 462/- towards premium for the grant of certificate of registration. The compensation in respect of the granted lands was ordered to be paid to the land owners on 27.11.1984 by Nadakerappa. It is to be noticed here that Mariyappa was not made party to the said applications filed by Nadakerappa. In the application dated 31.12.1974, the name of one Ramakrishnappa S/o Byrappa was shown as land owner and, in another application dated 30.10.1974, the ownership column was left blank.
4. Mariyappa filed Writ Petition No. 12461/1984 before the High Court challenging the order of the Land Tribunal which came to be transferred to the Land Reforms Appellate Authority and the same was numbered as LRA No. 179/1986. The Appellate Authority by its order dated 27.02.1989, dismissed the appeal for default. Mariyappa died in the year 1993.
5. Mariyappa, during his life time, had filed an application before the Tahsildar, Bangalore North Taluk, to rectify the revenue entry for the year 1989-90 and to show his name in respect of 29 guntas of land in Survey No. 1/11. However, on 25.04.1992, the Tahsildar passed an order adverse to the interest of Mariyappa. Mariyappa filed an appeal before the Assistant Commissioner in R.A. No. 196/1992-93 challenging the said order which was also dismissed on 26.10.1995. Since Mariyappa died in the year 1993, his legal representatives filed Revision Petition No. 118/2001 before the Special Deputy Commissioner challenging the order of the Assistant Commissioner. The said Revision Petition was allowed by the Special Deputy Commissioner by an order dated 19.04.2002. Nadakerappa challenged the said order by filing Writ Petition No. 20187/2002 before the High Court which was allowed on 01.07.2002. Consequently, the order of the Tahsildar, the Assistant Commissioner, as also the Special Deputy Commissioner, were set aside. The order in Writ Petition No. 20187/2002 stood confirmed in W
(1) Karnataka Land Reforms Act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands.(2) Order of remand cannot be passed as a matter of course ....
The evidentiary value of the Civil Court's judgment, the presumptive value of revenue records, and the limited scope of interference in a revision petition under Sec. 121-A of the Act were the centra....
Point of Law : Land Tribunal is bound by the statutory presumption as to entries made in record of rights and order of the Tribunal without any reference to such entries and having no discussion as ....
The court emphasized the fundamental principle of natural justice requiring notice and opportunity to be heard before a decision affecting rights is made, leading to remand of the case for fresh cons....
The court reaffirmed that corrections for clerical errors in land grants are permissible under the Karnataka Land Reforms Act, ensuring all parties have the right to present their claims.
The court emphasized that litigants must disclose all relevant facts and cannot rely on previous orders that have attained finality to seek relief.
If on the relevant date appellants were in cultivation and possession of the land, they are entitled to registration of the occupancy rights in respect of the land.
Continuance of unrecorded tenancy established due to failure of original tenants to validate their surrender of tenancy, reinforcing tenancy rights under the applicable laws.
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