Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Grabbing |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT, 1982s.2(e) and 7-A - 'Land grabbing' - Jurisdiction of Special Court/Special Tribunal - Application seeking possession of land and alleging execution of fabricated/fraudulent sale deeds - Held: Tribunal derives jurisdiction only when jurisdictional facts are disclosed in the petition - It is necessary not only to allege the act of land grabbing within the meaning of provisions of the Act, but also a prima facie case must be found out in order to enable the Tribunal to issue notice as regards existence of an act of land grabbing - Ordinary disputes with regard to title of property are not within exclusive jurisdiction of Special Court/Tribunal - In the instant E case, the bald allegations of creating a forged document made in the petition were rightly held by the Special Court and High Court not falling within the mischief of land grabbing - In a case of this nature when jurisdictional facts have not been pleaded Special Court could not have exercised its jurisdiction - It has now been settled that Special Court has jurisdiction to decide question of adverse possession - However, the respondents have claimed their title through registered sale deeds which were executed long time back and have prima facie satisfied the Special Court that they have lawful entitlement to the land and have possession thereof for long - Special Court and High Court rightly rejected appellant's application - Adverse possession. The appellant, a resident of Uttar Pradesh, filed an application on 16.2.2002 before the Special Court constituted under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 stating that the land in question, admeasuring 16 acres, 30 guntas situate in State of B Andhra Pradesh, was a joint family property and on the death of the Karta of the joint family, namely, 'RK', on 22.2.1978, the respondents taking advantage of the death of 'RK' fabricated 3 fraudulent sale deeds dated 4.3.1980, 6.3.~980 and 17.3.1981 impersonating the said 'RK'.- The stand of the respondents was that 'RK', who was the exclusive owner of the property in question, transferred his right, title and interest in favour of respondent No.1, who in turn transferred his right title and interest by executing sale deeds in favour of respondents No.2 to 6. According to respondent No.1, 'RK' died in 1992 and not in 1978 as alleged by the appellant. The Special Court ... dismissed the application holding that in the absence of requisite pleadings, the only question as to whether 'RK' was alive on the dates of execution of the sale deeds in E the year 1980, could not be determined as fundamental fact necessary fair initiating proceedings under the Land Grabbing Act in the absence of requisite pleadings. The High Court having dismissed applicant's writ petition, he filed the appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 518 |
Petitioner | Om Prakash Singh |
Respondent | M. Lingamaiah & Ors. |
SCR | [2009] 6 S.C.R. 333 |
Judgement Date | 2009-04-15 |
Case Number | 2564 |
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