B L SREEDHAR Vs. K M MUNIREDDY
LAWS(SC)-2002-12-49
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on December 05,2002

B.L.SREEDHAR Appellant
VERSUS
K.M.MUNIREDDY Respondents





Cited Judgements :-

T V VISWANATHAN, T V SIVANATH, T V SARADHA VS. M K NAGASAMY [LAWS(MAD)-2011-10-263] [REFERRED]
JANU NAIK VS. KRISHNAPPA NAIK, S/O ANGARA NAIK [LAWS(KAR)-2014-2-419] [REFERRED TO]
IMAMSA CHANDAS GURIKAR SINCE (DECEASED) BY L.RS. AND OTHERS VS. MOHDINSA NABISA GURIKAR SINCE (DECEASED) BY L.RS. AND OTHERS [LAWS(KAR)-2017-12-80] [REFERRED TO]
SRI. V. ANIL REDDY, S/O. K. VENKATARAMANA REDDY (K.V.REDDY) VS. SRI. K. VENKATARAMANA REDDY [LAWS(KAR)-2017-5-2] [REFERRED TO]
SOMYA GUPTA VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(APH)-2019-1-10] [REFERRED TO]
RAM AND ORS. VS. DEPUTY DIRECTOR OF CONSOLIDATION AND ORS. [LAWS(ALL)-2011-3-484] [REFERRED TO]
SOMYA GUPTA VS. GURU GOBIND SINGH INDRAPRASTHA [LAWS(DLH)-2019-1-3] [REFERRED TO]
DAYANAND GUPTA VS. GOBIND LALL BANGUR [LAWS(CAL)-2007-6-9] [REFERRED TO]
AJIT KUMAR MISRA VS. DISTRICT INSPECTOR OF SCHOOLS DEORIA [LAWS(ALL)-2007-5-119] [REFERRED TO]
PARAMOUNT LIMITED VS. ION EXCHANGE (INDIA) LIMITED [LAWS(BOM)-2023-8-327] [REFERRED TO]
SAGAR LOOKOUTS VS. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY [LAWS(BOM)-2023-1-128] [REFERRED TO]
CANAGARADJOU VS. LAND ACQUISITION OFFICER [LAWS(MAD)-2019-6-264] [REFERRED TO]
KJSL-Utkal (JV), a joint venture of M/s.Karamjeet Singh & Co.Ltd.,M/s.Utkal Highways VS. Mahanadi Coalfields Ltd. [LAWS(ORI)-2007-10-37] [REFERRED TO]
BAINI PRASAD (D) THR. LRS. VS. DURGA DEVI [LAWS(SC)-2023-2-4] [REFERRED TO]
PRECISION CARS INDIA PVT LTD VS. PORSCHE MIDDLE EAST AND AFRICA [LAWS(RAJ)-2012-5-211] [REFERRED TO]
NIKHILESH DAS VS. STATE OF TRIPURA [LAWS(GAU)-2007-1-51] [REFERRED TO]
PHUL KUMARI TRIPATHI VS. BINA DEVI ALIAS SARASWATI DEVI [LAWS(PAT)-2003-7-21] [REFERRED TO]
PUNEET MEHTA VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2010-10-459] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. SOM DATT BUILDERS- NCC-NEC(JV) [LAWS(DLH)-2009-11-432] [REFERRED]
GALATEA LTD VS. DIYORA AND BHANDERI CORPORATION [LAWS(GJH)-2019-11-157] [REFERRED TO]
K KUPPUSAMY VS. ANNA UNIVERSITY [LAWS(MAD)-2008-7-352] [REFERRED TO]
RAJENDRA PRASAD RUNGTA VS. AMBER COMMERCIAL (P.) LTD. [LAWS(CL)-2011-8-5] [REFERRED TO]
DINABANDU ANDREWS INSTITUTE OF TECHNOLOGY & MANAGEMENT VS. KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY AND OTHERS [LAWS(CAL)-2018-7-300] [REFERRED TO]
CHHATTISGARH KALYAN SAMITI VS. STATE OF M P [LAWS(CHH)-2011-7-50] [REFERRED TO]
SHRI RAM VS. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD [LAWS(ALL)-2011-3-60] [REFERRED TO]
FAHIM TRADING COMPANY VS. LT GOVERNOR & ORS [LAWS(CAL)-2011-11-146] [REFERRED]
PREM LATA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2011-8-102] [REFERRED TO]
SHUBHAM GARG VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(DLH)-2019-12-136] [REFERRED TO]
Gordhan Singh VS. Abdulji Alamji [LAWS(MPH)-2005-1-134] [REFERRED TO]
KEDARNATH GUPTA VS. RAM BALI GUPTA [LAWS(CHH)-2006-1-36] [REFERRED TO]
RUPAK GUPTA VS. BIRENDRA KUMAR [LAWS(ALL)-2014-5-484] [REFERRED TO]
DEEPAK KUMAR SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-4-33] [REFERRED TO]
PRAHALAD STONE WORKS AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-3-73] [REFERRED TO]
KIRAN LIMBOO VS. KUSSANG LIMBOO [LAWS(SIK)-2020-2-1] [REFERRED TO]
ASHISH KUMAR AGRAWAL VS. UTKAL UNIVERSITY AND ORS. [LAWS(ORI)-2015-3-5] [REFERRED TO]
BALASORE ALLOYS LTD AND ANOTHER VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2018-4-102] [REFERRED TO]
AMBIKA KAUL AND ORS. VS. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS. [LAWS(P&H)-2015-5-122] [REFERRED TO]
TAMIL NADU MARITIME BOARD VS. SIMPLEX INFRASTRUCTURE LIMITED [LAWS(MAD)-2019-8-87] [REFERRED TO]
SH. SURESH KUMAR SHARMA VS. SH. FATEH BAHADUR SINGH [LAWS(DLH)-2011-3-321] [REFERRED TO]
WEST BENGAL TRADE PROMOTION ORGANISATION VS. INDIAN CRAFT VILLAGE TRUST [LAWS(CAL)-2011-2-22] [REFERRED TO]
K I P L VISTACORE INFRA PROJECTS J V , VS. ICHALKARANJEE MUNICIPAL COUNCIL OFFICE AT COUNCIL OFFICE [LAWS(BOM)-2020-10-78] [REFERRED TO]
ARJUN BALJEE VS. BANGALORE DEVELOPMENT AUTHORITY [LAWS(KAR)-2008-8-30] [REFERRED TO]
SURESH BHAGWANJI REWATKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-9-151] [REFERRED TO (PARA 17) 2.]
TEXEM ENGINEERING VS. TEXCOMASH EXPORTS [LAWS(DLH)-2009-8-301] [REFERRED TO]
S HAREESH S/O LATE N SHANTHARAM VS. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY [LAWS(KAR)-2018-4-101] [REFERRED TO]
KOLKATA FISH SUPPLIERS WELFARE ASSOCIATION VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2019-8-210] [REFERRED TO]
SAVITRI INDUSTRIES VS. COLLECTOR-CUM-CHAIRMAN, RTE-SARVA SIKSHYA ABHIYAN, [LAWS(ORI)-2018-3-79] [REFERRED TO]
M/S. ENKON PVT. LTD. VS. BHUBANESWAR SMART CITY LTD. AND OTHERS [LAWS(ORI)-2017-2-9] [REFERRED TO]
MEGHALAYA CEMENTS LTD VS. UNION OF INDIA [LAWS(MEGH)-2013-11-14] [REFERRED TO]
K. KUMAR VS. MAHABOOMARIAM BEEVI [LAWS(MAD)-2023-3-87] [REFERRED TO]
SANGLURA SAILO VS. C. LALRAMPARI [LAWS(GAU)-2012-11-38] [REFERRED TO]
B.S. SODHI VS. STATE OF HARYANA [LAWS(P&H)-2003-3-107] [REFERRED]
BHUSHAN POWER AND STEEL LTD. (FORMERLY KNOWN AS BHUSHAN LTD.) AND ORS. VS. STATE OF ORISSA AND ANR. [LAWS(ORI)-2007-12-36] [REFERRED TO]
PANDIYAS VS. ASSISTANT GENERAL MANAGER [LAWS(MAD)-2011-2-758] [REFERRED]
COMMITTEE OF MANAGEMENT VS. STATE OF U P [LAWS(ALL)-2011-11-90] [REFERRED TO]
PARAS KHUTTAN VS. GAIL (INDIA) LTD. [LAWS(DLH)-2021-2-165] [REFERRED TO]
PULIMKUDI SIVAKSHETHRAM VS. UMMINI AMMUKUTTY [LAWS(KER)-2011-2-202] [REFERRED TO]
UDAY MADHAVDAS THAKERSEY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-9-71] [REFERRED TO [ 12 ]]
MRS. PREMILA GRUBB VS. AIR MARSHALL L.P. PEREIRA, P.V.S.M. (RETD.) AND ANOTHER [LAWS(KAR)-2013-4-208] [REFERRED TO]
ADANI POWER LIMITED VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-4-60] [REFERRED TO]
A. RAMA KRISHNA VS. AKULA VENKATAMMA [LAWS(APH)-2017-7-77] [REFERRED TO]
GAMPA SRINIVAS VS. B. SUKESHINI [LAWS(APH)-2018-3-69] [REFERRED TO]
GYAN DEV SADH VS. PARMESHWAR EXPORTS (P.) LTD. [LAWS(CL)-2011-10-3] [REFERRED TO]
KUNJI PARVATHY AMMA VS. MARIYAMMA [LAWS(KER)-2003-11-155] [REFERRED TO]
GULZAR SINGH AND OTHERS VS. BISHAN SINGH (DECEASED) THROUGH HIS LRS. AND OTHERS [LAWS(P&H)-2013-4-220] [REFERRED TO]
DHANRAJ MAHTO AND ORS. VS. MMTC LIMITED AND ORS. [LAWS(JHAR)-2015-6-54] [REFERRED TO]
SHREE CHAITANYA CONSTRUCTIONS VS. SHRI POONAMCHAND DALICHAND PARAKH AND ORS. [LAWS(BOM)-2018-2-112] [REFERRED TO]
DR C.DHARSHAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2020-6-32] [REFERRED TO]
RATTAN SINGLA VS. STATE OF PUNJAB [LAWS(P&H)-2013-9-230] [REFERRED TO]
PRANAYA BALLARI MOHANTY VS. UTKAL UNIVERSITY [LAWS(ORI)-2013-12-2] [REFERRED TO]
MANORANJAN DAS MOHAPATRA VS. STATE OF ODISHA [LAWS(ORI)-2021-1-13] [REFERRED TO]
BIHAR OFFSET PRINTERS ASSOCIATION VS. STATE OF BIHAR [LAWS(PAT)-2021-5-72] [REFERRED TO]
U HIROD NONGSPUNG AND ORS VS. KA OSCILIAN NONGSPUNG [LAWS(MEGH)-2013-8-10] [REFERRED]
TVS FINANCE AND SERVICES LTD. VS. KWALITY SPINNING MILLS LTD. [LAWS(MAD)-2003-9-208] [REFERRED TO]
WESTERN REGIONAL LOAD DESPATCH CENTRE VS. SASAN POWER LIMITED [LAWS(APTE)-2014-8-1] [REFERRED TO]
ANUP DUTTA VS. MOHINDER SINGH [LAWS(HPH)-2019-6-139] [REFERRED TO]
PUBLIC SECTOR EMPLOYEES COOPERATIVE HOUSING SOCIETY LTD VS. STATE OF U P [LAWS(ALL)-2007-9-18] [REFERRED TO]
KUSUM SANGHI VS. RAJ KISHAN DAS [LAWS(DLH)-2013-9-241] [REFERRED TO]
IN RE: OSWAL AGRO FURANCE LIMITED VS. STATE [LAWS(P&H)-2003-12-91] [REFERRED TO]
SUNITA MOHANTY VS. UNION OF INDIA & ANR. [LAWS(ORI)-2016-10-56] [REFERRED TO]
KAUSHIK PATNAIK VS. STATE OF ORISSA [LAWS(ORI)-2021-3-16] [REFERRED TO]
KANTI DEVI VS. DAMODAR NATH THAKUR [LAWS(PAT)-2012-7-167] [REFERRED]
SUCHITA NEWAL GAWTE VS. NEWAL VAIBHAV NAMDEORAO GAWATE [LAWS(BOM)-2017-1-57] [REFERRED TO]
SPANDAN CO OP HOU SOC LTD VS. STATE OF GUJARAT [LAWS(GJH)-2014-7-67] [REFERRED TO]
GIRISH S/O LATE VITHALRAO KULKARNI VS. CHAMPABAI W/O LATE RAMRAO KULKARNI [LAWS(KAR)-2016-6-56] [REFERRED TO]
S C GANGADHARAIAH VS. REMCO [LAWS(KAR)-2018-1-127] [REFERRED TO]
VIJAYALAKSHMI VS. SULOCHANA [LAWS(MAD)-2010-10-116] [REFERRED TO]
SHYLAJA AND ORS. VS. B. VIGNESHWAR AND ORS. [LAWS(KAR)-2015-6-425] [REFERRED TO]
MANAGING DIRECTOR, SAIL, BHILAI STEEL PLANT VS. D. TARINAMMA [LAWS(CHH)-2006-8-9] [REFERRED TO]
JOHN VS. ELIKUTTY [LAWS(KER)-2009-4-52] [REFERRED TO]
JOHN VS. ELIKUTTY [LAWS(KER)-2009-4-52] [REFERRED TO]
DURGA TRADING COMPANY PURANI MANDI, KARNAL VS. ASHWANI KUMAR SON OF DHARAM CHAND [LAWS(P&H)-2013-8-1023] [REFERRED]
M/S. DURGA TRADING COMPANY VS. ASHWANI KUMAR [LAWS(P&H)-2013-8-327] [REFERRED TO]
KUNBI SAHAKARI BANK LTD VS. SHAKTI PAPER COMPANY [LAWS(BOM)-2008-8-107] [REFERRED TO]
KULDIP GANDOTRA VS. UNION OF INDIA [LAWS(DLH)-2005-10-45] [RELIED ON]
STATE OF MEGHALAYA VS. RAID LABAN COLLEGE TEACHERS WELFARE ASSOCIATION [LAWS(MEGH)-2013-10-1] [REFERRED TO]
H B BASAVARAJ VS. CANARA BANK [LAWS(SC)-2009-10-71] [RELIED ON]
JAGDEO VS. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD [LAWS(ALL)-2006-7-168] [REFERRED TO]
NALLAMILLI SATYANARAYAN REDDY VS. NALLAMILLI CHINA VENKATA REDDY [LAWS(APH)-2009-3-39] [REFERRED TO]
SMT. B. SUKESHINI & ANR. VS. GAMPA SRINIVAS AND OTHERS [LAWS(APH)-2018-3-39] [REFERRED TO]
SRINIVASA VIDYA PARISHAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-7-111] [REFERRED TO]
GODREJ & BOYCE MANUFACTURING CO. LTD. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-2-33] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. R S JINDAL [LAWS(DLH)-2007-10-316] [REFERRED TO]
MADHU ASHOK KAPUR VS. RANA KAPOOR [LAWS(BOM)-2015-6-96] [REFERRED TO]
MODI FIBRES LIMITED VS. MODI RUBBER LIMITED [LAWS(BOM)-2009-7-104] [REFERRED TO]
G. NAGARAJU VS. RAMESH [LAWS(KAR)-2023-5-409] [REFERRED TO]
RANGAHANUMAIAH VS. DEVARAJU [LAWS(KAR)-2023-6-1048] [REFERRED TO]
PREMILA GRUBB AIR MARSHALL L.P. PEREIRA VS. STATE [LAWS(KAR)-2013-4-90] [REFERRED TO]
VOL : 1; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-626] [REFERRED]
CHHOTEY LAL KASERA VS. KANHAIYA LAL KASERA [LAWS(ALL)-2014-8-299] [REFERRED TO]
JAGDUTT THAKUR VS. STATE OF BIHAR [LAWS(PAT)-2004-3-98] [REFERRED TO]
PATEL ENGINEERING LTD VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2005-2-145] [REFERRED TO]
PATEL ENGINEERING LTD VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2005-2-145] [REFERRED TO]
APURV KUMAR MISHRA VS. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY [LAWS(KAR)-2008-6-56] [REFERRED TO]
D. RAMAKRISHNA AND ORS. VS. D. BALAKRISHNA AND ORS. [LAWS(KAR)-2015-3-257] [REFERRED TO]
PATEL MUNIREDDY VS. APPAIAH REDDY [LAWS(KAR)-2014-9-97] [REFERRED TO]
R.P. RUNGTA VS. DHARNI PHARMA P. LTD. [LAWS(CL)-2011-8-4] [REFERRED TO]
ABHISHEK SHUKLA VS. HIGH COURT OF JUDICATURE, ALLAHABAD AND OTHERS [LAWS(ALL)-2017-11-265] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)These appeals by special leave are directed against the judgment of learned single Judge of the Karnataka High Court, which was rendered in a First Appeal under Section 96 of the Code of Civil Procedure, 1908 (in short the CPC). Same was directed against the judgment and decree passed by the first Additional City Civil Judge, Bangalore City in Original Suit No. 582 of 1982. The suit one for declaration and injunction was filed by respondent No. 1 B. K. Lakshmaiah, against his sons B. L. Ganesh-defendant No. 3, B. L. Sudhakar-defendant No. 4, B. L. Babu-defendant No. 5 and B. L. Sreedhar-defendant No. 6, and defendant Nos. 1 and 2, 7 to 9 who were alienees of certain properties which were alienated by defendant No. 3. Lands were alienated first to defendants 7 to 9 who subsequently alienated them to defendant Nos. 1 and 2. The factual background needs to be noted in detail.
(2.)Plaintiff had two wives, 9 sons, 4 daughters and in addition, two pre-deceased daughter and son. The defendants 3 to 6 were sons through the first wife, while three sons and one daughter through the second wife were not parties to the suit. According to the plaintiff, Bovi Googa/Bingooba son of Munia was the original Barawardar. Thoti of Bommanahalli Village had service inam lands assigned to his hereditary office as an emolument in consideration of the services. Kaverappa, father of plaintiff-Lakshmaiah succeeded to hereditary office and also to the service inam lands and other properties belonging to his father by Govt. grant. He died in 1959, and plaintiff succeeded to the Village Office as well as to the properties. The suit Sy. No. 3 measured 5 acres 4 guntas out of which suit schedule properties 1 acre 28 guntas, according to plaintiff was under the possession and enjoyment of the Hindu undivided family.
(3.)The Mysore Village Offices Abolition Act, 1961 (in short the Act) came into force w.e.f. 1-2-1963. It repealed the Mysore Village Offices Act, 1908 which provided for hereditary office. Under Section 4 of the Act the lands were resumed though there was a provision for re-grant to a holder of the village office under Section 5. Section 5(3) of the Act prohibits transfer, alienation of the land, except by partition, for a period of 15 years, without previous consent of the Deputy Commissioner. Plaintiff claimed that he and his sons were living together in joint mess and shelter and he was Karta of Hindu undivided family. Plaintiff and defendant No. 3 applied for re-grant under the Act. By order dated 4-5-1972, the Assistant Commissioner, Bangalore passed an order re-granting the land. Plaintiff gave his consent for re-grant of entire land in favour of the defendant No. 3. On 5-5-1972 and 3-6-1972 defendant No. 3 applied for permission to sell 1 acre 28 guntas of land. The permission was granted accordingly. On 23-10-1972 defendant No. 3 sold lands in favour of defendant Nos. 7 to 9 who on the same date sold the land to defendant Nos. 1 and 2. The sale-deed (exhibits D11 and D12) were executed by defendant No. 3 and defendant Nos. 4 to 6. Mother of minor defendant Nos. 4 to 6 acted as legal guardian. The suit was filed on 24-2-1982, as according to the plaintiff, defendant Nos. 1 and 2 starting dispossessing to the plaintiff. The relief sought for were as follows :
i) for a declaration that the plaintiff is the absolute owner of the suit schedule property;

ii) and consequently for a permanent injunction restraining the defendants 1 and 2 from interfering with peaceful possession and enjoyment of the suit-schedule property either by themselves or through their agents or assignees or coolies;

(iii) for costs of these proceedings, and the Court may deem fit to grant in the facts and circumstances of the case and in law.



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