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Civil · Reportable judgment

Raghunath Prasad Pande vs State of Karnataka & Ors.

Court
Supreme Court of India
Date
6 April 2018
Case No.
Civil Appeal No. 3621 of 2018
Result
Allowed
Bench
Mohan M. Shantanagoudar, Navin Sinha
Citation
[2018] 5 S.C.R. 560 : 2018 INSC 310
Supreme Court Reports [2018] 5 S.C.R. 560 : 2018 INSC 310
Headnote

Mysore Land Reforms Act, 1961 – s.14(5) – Resumption of land from tenants – High Court held against the appellant mainly on the ground that the possession as required under s.14(5) of Act, 1961 as it then existed was not handed over in favour of landlord – Held: It is clear from the language of s.14 as it then existed that the landlord could have filed an application if he needed the land for bona-fide use and occupation before the Tribunal seeking resumption of the land from the tenants – A certificate is then issued by the Tribunal in case the application of the landlord for resumption is allowed – The landlord takes possession of the property by making further application before the Tribunal with support of the certificate issued – Pursuant thereto, the tenants are dispossessed before the

31 st March of the calendar year succeeding the calendar year in which the application for possession is made – In the matter on hand, the compromise was entered into before the Munsiff/Tribunal and the same was recorded as per law – The existence of such compromise between the parties is not disputed by the respondents at any stage – The parties also filed a memo in the resumption proceedings to the effect that the landlord had already been given possession of the resumed lands by the respondents 2 to 9 – On the face of these documents, it would be futile exercise on the part of the landlord to once again carry out the procedure as contemplated under s.14(5) that too only in order to fulfil the formalities – Since the composite compromise, is acted upon by handing over the possession of 4 acres of property in favour of the landlord by virtue of the order dated 02.03.1970 passed by the Munsiff/Tribunal and as handing over of possession in favour of the landlord is undisputed, it can be concluded that the landlord was in possession of the property to the extent of 4 acres since 02.03.1970, legally – & ORS.

The view of the High Court is hyper technical and too sophisticated under the facts of the case – The land is already acquired by the State Government – Civil Judge while deciding the reference application seeking enhancement of compensation observed that the beneficiaries under acquisition and the State Government have taken possession of 4 acres of land from the landlord – The impugned judgments set aside – Karnataka Land Reforms Act, 1961.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed : ORDER Despite service, none appears for respondent nos. 2 to 9. Leave granted. 2. Both the learned Single Judge as well as the Division Bench of the High Court have concluded against the appellant mainly on the ground that the possession, as required under Section 14(5) of the Mysore Land Reforms Act, 1961, as it then existed, was not handed over in favour of the landlord. 3. Before proceeding further it is relevant to note the provisions of Sections 14(1) and 14(5) of Mysore Land Reforms Act, 1961 (now called as Karnataka Land Reforms Act, 196
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