VidhiSangh

Supreme Court of India · 31/03/2022

NADAKERAPPA SINCE DECEASED BY LRS. & ORS. versus PILLAMMA SINCE DECEASED BY LRS. & ORS.

[2022] 14 S.C.R. 1046 · 2022 INSC 374

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Summary

The landowners challenged an occupancy grant thirteen years after dismissal of their earlier appeal, alleging defects in the tenant’s applications. The Court found established protected tenancy, including the landlord’s own admission, and rejected fraud and the explanation for delay. It restored dismissal of that challenge. Separately, it revived the Tribunal’s notice to consider correction of the granted extent under the later statutory proviso, leaving entitlement to additional extent for inquiry.

Issues

  1. Whether the longstanding occupancy grant should be reopened for the alleged absence of tenancy or fraud despite delay.
  2. Whether the Tribunal’s notice to consider correction of land extent was rightly quashed.
  3. Whether the Division Bench’s general remand was justified.

Provisions considered

Held

Result

Appeals allowed without costs. The Single Judge’s dismissal of the landowners’ challenge to the occupancy grant was restored. Orders quashing or treating the correction-notice dispute as infructuous were set aside, and the Tribunal was directed to inquire into the 24 May 2002 notice and decide lawfully as expeditiously as possible.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 1046.