VidhiSangh

Supreme Court of India · 13/06/2022

SOMAKKA (DEAD) BY LRS versus K.P. BASAVARAJ (DEAD) BY LRS

[2022] 17 S.C.R. 668 · 2022 INSC 642

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Summary

A sister sued her brother in Bangalore for partition of their late father's properties. The disputed item was Devadaya inam land their father had cultivated on Panchashala Gutta since 1955 and for which he had applied for occupancy rights under the Mysore (Religious and Charitable) Inams Abolition Act, 1955; he died while the application was pending, the brother was substituted as his legal representative and occupancy was granted in his name. The trial court held the land the father's self-acquisition, inherited equally by his two children, and gave the sister a half share. The Karnataka High Court, in a cursory first-appeal judgment, reduced her share to one-fourth on the brother's bald statement before the Land Tribunal that he had cultivated jointly with his father. The Supreme Court restored the half share.

Issues

  1. Whether inam land cultivated by the father, for which he applied for occupancy rights and which were granted to his son as his legal representative after his death, was the father's self-acquired property devolving equally on his heirs or joint family property in which the son held an independent half.
  2. What a first appellate court must do under Section 96 read with Order XLI Rule 31 CPC before reversing or varying a trial court's finding of fact, and whether remand is necessary when it fails to do so.

Provisions considered

Held

Result

Appeal allowed; the Karnataka High Court's judgment of 19.08.2006 in RFA No. 214 of 2004 set aside to the extent it reduced the appellant's share in item 3 of Schedule 'A', and the trial court's decree of 02.09.2003 granting the appellant and the respondent a half share each in that property confirmed; the trial court to proceed to final decree. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 668.