NDLI: Sri Lankappa & Ors. Vs. Karnataka Industrial Corporation & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Declaration of title and possession Suit
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Suit – Declaration of title and possession – The appellants had filed a suit seeking declaration of title and injunction in respect of the suit schedule property – The appellants case was that they were owners in possession of the suit schedule property – It was alleged by the Karnataka Industrial Corporation (KIC) that by order dated 25.03.1968, the Karnataka Government had granted the suit schedule property to it, for non-agricultural use, and the appellants sought to interfere with KIC’s possession – During the pendency of the appellant’s suit, KIC filed suit claiming injunction to restrain the appellant from disturbing its possession of the suit schedule property – Both the suit were tried together – The trial Court held that appellants were able to establish their continued, unhindered and unhampered possession, cultivation and enjoyment of the suit schedule property since 1929 and they had perfected their title against the Karnataka Government in 1963 – Hence, the Karnataka Government had no rights and title over the suit schedule property on the date of grant i.e. on 25.03.1968 – The grant in the favour of the KIC was ineffective – Aggrieved, the KIC filed appeal, which was dismissed – Second appeal filed by KIC was also dismissed by the High Court – Appeal before the Supreme Court was again dismissed, therefore, the matter attained finality – In 2018, the KIC filed another suit for declaration that it was the absolute owner of the suit schedule property – The plaint of the KIC in the subsequent suit was rejected by the trial Court, considering all the previous facts and history of the litigation – However, the High Court set aside the order rejecting plaint and held that in the circumstances of the case, it was incumbent upon the trial Court to issue summons, and its suo motu determination on the maintainability of the suit before such issuance was erroneous – On appeal, held: In the instant case, KIC sought only a permanent injunction inits first suit –However, it is a fact of equal importance that the appellants had consistently agitated KIC’s title and KIC was a party to those proceedings – All the Courts concurrently held that the grant, on which KIC based its possession, was deemed to be cancelled – Therefore, KIC could, by no procedure known to law,claim in another suit, that it was the absolute owner by virtue of the self- same grant, which was deemed to have been cancelled – The trial Court therefore cannot be faulted with for holding that the question of title was directly in issue in the previous proceedings, and merely because it resulted in findings adverse to KIC, it could not escape being bound by those findings – Thus, the impugned judgment of the High Court is set aside.
Judge	N/A
Neutral Citation	2021 INSC 841
Petitioner	Sri Lankappa & Ors.
Respondent	Karnataka Industrial Corporation & Ors.
SCR	[2021] 9 S.C.R. 521
Judgement Date	2021-12-08
Case Number	7545

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Sri Lankappa & Ors. Vs. Karnataka Industrial Corporation & Ors.

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Sri Lankappa & Ors. Vs. Karnataka Industrial Corporation & Ors.

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