VidhiSangh

Supreme Court of India · 06/04/2018

G H RAGHUNATH PRASAD PANDE versus STATE OF KARNATAKA & ORS.

[2018] 5 S.C.R. 560 · 2018 INSC 310

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Summary

The Supreme Court recognised lawful resumption and possession of four acres under a 1970 compromise recorded by the competent Munsiff/Tribunal. The undisputed compromise and court order were composite proceedings under the then-existing sections 14(1) and 14(5), and possession had already been delivered. Requiring another possession application merely to repeat formalities was hypertechnical on these facts. The High Court judgments were set aside; the ruling concerns the historical statutory scheme and the established compromise.

Issues

  1. Whether a separate possession procedure was necessary after the composite compromise and Tribunal order had been acted upon.
  2. Whether the landlord’s possession of four acres was lawful under the then-existing law.

Provisions considered

Held

Result

Appeal allowed; impugned High Court judgments set aside, pending applications disposed of and no order as to costs.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 560.