YELLAPPAGOUDA SHANKARGOUDA PATIL versus BASANGOUDA SHIDDANGOUDA PATIL

YELLAPPAGOUDA SHANKARGOUDA PATIL versus BASANGOUDA SHIDDANGOUDA PATIL

The combined effect of the statutory and constitutional provisions is that the Supreme Court is the proper forum for the present petition. The certificate issued under s. 10 of the Act, addressed to the Supreme Court, is valid and the decree relating to hereditary office lands must consequently be cancelled.

Parties
Petitioner: Yellappagouda Shankargouda Patil; Respondent: Basangouda Shiddangouda Patil
Jurisdiction
India
Judgment Date
09 March 1960
Procedural Posture
Civil Misc. Petition / Petition Under S. 10 of the Bombay Hereditary Offices Act, 1874 for Cancellation of Privy Council Decree
Outcome
Petition allowed
Legal Topics
Partition of Watan Lands, Execution Proceedings, Jurisdiction After Abolition of Privy Council, Effect of Constitutional Changes on Jurisdiction
Civil Law Hereditary Offices Property Law Partition of Watan Lands Execution Proceedings Jurisdiction After Abolition of Privy Council Effect of Constitutional Changes on Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Yellappagouda Shankargouda Patil

Petitioner

Basangouda Shiddangouda Patil

Respondent

Procedural Posture

Civil Misc. Petition / Petition Under S. 10 of the Bombay Hereditary Offices Act, 1874 for Cancellation of Privy Council Decree

Legal Issues

  1. 1 Whether the Supreme Court can entertain an application under s. 10 of the Bombay Hereditary Offices Act, 1874 for cancellation of a decree granted by the Privy Council after abolition of its jurisdiction and constitutional changes.
  2. 2 Whether a certificate under s. 10 addressed to the Supreme Court is valid for the purposes of cancelling the decree relating to hereditary office lands.

Ratio Decidendi

The combined effect of the statutory and constitutional provisions is that the Supreme Court is the proper forum for the present petition. The certificate issued under s. 10 of the Act, addressed to the Supreme Court, is valid and the decree relating to hereditary office lands must consequently be cancelled.

Court Disposition

Petition allowed

Orders

  • That portion of the decree which purports to operate on or include any right to the office of Patilki and watan lands attached thereto at Kirtgeri as enumerated in the certificate is cancelled.
  • No order as to costs.