VidhiSangh

Supreme Court of India · 17/02/2021

U.A. BASHEER THR. G.P.A. HOLDER versus STATE OF KARNATAKA & ANR.

[2021] 1 S.C.R. 893 · 2021 INSC 95

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Summary

The Supreme Court remitted an urban-land-ceiling dispute to the Karnataka High Court’s Division Bench to determine the purchaser’s claim and physical possession relevant to repeal. A post-commencement partition did not invalidate the original excess-land determination, but neither side had conclusively established possession. The High Court should have resolved that factual issue rather than dismissed the appeal while leaving the claimant to further litigation. Fresh evidence was permitted, and the remand was confined to possession of the disputed property.

Issues

  1. Whether the post-commencement partition invalidated the ceiling determination.
  2. Whether disputed physical possession relevant to repeal required determination in the pending appeal.

Provisions considered

Held

Result

Appeal disposed of; impugned Division Bench judgment set aside and matter remitted to that Bench for fresh consideration confined to the possession issue, with additional evidence permitted. No costs.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 893.