Sri Hanumanthappa Vs Smt Puttamma

THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 29.11.2019 PASSED IN R.A.NO.56/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.06.2019 PASSED IN O.S.NO.54/2014 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAGIRI.

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THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:36708 RSA No. 168 of 2020

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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After addressing the arguments for considerable length of time, learned counsel for the appellant files a memo which reads as under:

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“The appellant most respectfully submits as follows:

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1. The appellant is in occupation of 2 acres 20 guntas since 40 years situated at Sy.No.39 of Nallakudre village, Basavapatna Hobli, Channageri Taluk, Davanagere District. The appellant has filed Form No.50 in accordance with Government Notification and the matter is still pending for consideration before the land grant committee.

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2. The respondent claimed that 30 guntas of land at Sy.No.39/33 situated at Nallakudre village, Basavapatna Hobli, Channageri Taluk, Davanagere District, by virtue of grant certificate Ex.P-7 and RTC.

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3. The appellant submits that direct the Land Grant Committee to dispose off in Form No.50 seeking for regularization and confirm the right of occupation. In case of committee decided the appellant is unauthorized occupant in respect of 2 acre 20 guntas, the respondent is not having right to claim subject matter of Grant Land of 30 guntas of land as stated above.

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3 - NC: 2025:KHC:36708 RSA No. 168 of 2020

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HC-KAR

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Wherefore the appellant pray that this Hon’ble Court may be pleased to dispose of the above appeal directing the Land Grant Committee to dispose of the application filed in Form No.50 by him, in the interest of justice and equity.”

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The present appeal is preferred by the defendant in O.S.No.54/2014 on the file of the Prl. Civil Judge and JMFC, Channagiri, challenging the validity of the decree passed by the Senior Civil Judge and JMFC, Channagiri, in R.A.No.56/2019, reversing the judgment the Trial Court and decreeing the suit.

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Appeal came to be admitted on the following substantial questions of law:

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(a) Whether lower appellate Court erred in decreeing the suit by directing the appellant herein to hand over possession of the schedule property to the respondent when there was no prayer for possession of the schedule property and trial to that effect in the trial Court.

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(b) Whether the Courts below erred in declaring the title of the respondent to the schedule property, when the application of the appellant was pending consideration for grant of land.

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On close reading of the memo filed by the appellant/ defendant supra, it is seen that appellant has stated that he is

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4 - NC: 2025:KHC:36708 RSA No. 168 of 2020

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HC-KAR

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in occupation of 2 acres 20 guntas of land in Sy.No.39 of Nallakudre village, Basavapatna Hobli, Channageri Taluk, Davanagere District.

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It is also stated that appellant is in occupation of the said land for a period of 40 years and he has filed Form No.50 in accordance with government notification for regularization which is still pending before the Land Grant Committee for consideration.

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It is further contended that respondent/plaintiff is declared as owner of 30 guntas of land in Sy.No.39/33 of Nallakudre village, Basavapatna Hobli, Channageri Taluk, Davanagere District, by virtue of Grant Certificate marked at Ex.P.7 and the RTC extract thereof.

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The memo referred to supra seeks a direction to be issued to the Land Grant Committee for processing Form No.50 filed by the appellant and dispose of the appeal.

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Pertinently, this Court is not the competent authority to issue any such directions to process Form No.50 filed by the appellant/defendant, nor scope of the appeal filed under

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NC: 2025:KHC:36708 RSA No. 168 of 2020

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HC-KAR

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Section 100 of the Code of Civil Procedure would permit to issue such direction.

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Moreover, as per Ex.P.7 and RTC extract,

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respondent/plaintiff has been declared as owner in possession of the suit property.

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Whether at all defendant is occupying some other land in Sy.No.39 and therefore his application under Form No.50 to the Land Grant Committee is to be granted or not is a separate enquiry to be conducted by Land Grant Committee.

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Suffice to say that the plaintiff having established title over suit property, is entitled for the decree passed by the First Appellate Court.

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However, while deciding the Form No.50 filed by the appellant/defendant, the Land Grant Committee may take into consideration the decree passed in R.A.No.56/2019 reversing the judgment passed in O.S.No.54/2014, in accordance with law and thereafter, appropriately dispose of Form 50 filed by the defendant.

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