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Karnataka High Court
HANUMANTAPPA KALLAPPA - Appellant
Versus
VEERAPPA BUDRAPPA - Respondent
Decided On : 09-16-76
R.S.A. : 529 of 1973
Karnataka Land Revenue Act - Private Right - The court held that the suit for possession of a site and damages between private parties was not barred under Section 61 of the Karnataka Land Revenue Act, as it fell under Section 62(b) of the Act, allowing Civil Courts to entertain suits for establishing private rights.
Fact of the Case:
The plaintiff filed a suit for possession of a site and damages, which was dismissed by the trial court citing Section 61 of the Karnataka Land Revenue Act. The Civil Judge also dismissed the appeal without addressing other issues. The plaintiff appealed to the second court.
Finding of the Court:
The court found that the suit was not barred under Section 61 of the Act as it fell under Section 62(b), allowing Civil Courts to entertain suits between private parties for establishing private rights. The lower appellate court's decree was set aside, and the case was remanded to address other issues.
Issues: The main issue was whether the suit was barred under Section 61 of the Karnataka Land Revenue Act and whether the court had jurisdiction to try the suit in view of the Act.
Ratio Decidendi: The court held that the suit was not barred under Section 61 of the Act as it fell under Section 62(b), allowing Civil Courts to entertain suits for establishing private rights between private parties.
Final Decision: The lower appellate court's decree was set aside, and the case was remanded to address other issues. The institution fee paid on the memorandum of appeal was ordered to be refunded to the appellant.
( 2 ) IT is not disputed that the suit was for posssesion of a site and for damages. The Government is not a party to the suit. It is between private parties. The suit is instituted for establishing a private right in respect of the site in question. S. 61 of the Act would not bar a suit coming under any of the clauses (a), (b) and (c) in S. 62 of the Act. S. 62 states that nothing in Sec. 61 shall be held to prevent the Civil Courts from entertaining suits between private parties for the purpose of establishing any private right, although it may be affected by any entry in any land record; and suits between private parties for possession of any land being a whole survey number or sub-division of a survey number or a part thereof (vide clauses (b) and (c) of S. 62 of the Act ). The present case falls under Cl (b) of S. 62 of the Act. The Court below was therefore in error in holding that the suit was barred under S. 61 of the Act.
( 3 ) THE decree passed by the lower appellate Court is therefore set aside. Issue No. 6 which reads, "whether this Court has jurisdiction to try the suit in view of the provisions of the Mysore Land Revenue Act?' is answered in the affirmative and in favour of the plaintiff. The suit is held to be maintainable before the Civil Court. The case is remanded to the lower appellate Court io dispose of the appeal after recording its findings on the other issues.
( 4 ) THE institution fee paid on the memorandum of appeal shall be refunded to the appellant.
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