HARISHCHANDRA HEGDE versus STATE OF KARNATAKA AND ORS.

HARISHCHANDRA HEGDE versus STATE OF KARNATAKA AND ORS.

Section 51 of the Transfer of Property Act does not apply to restoration of granted lands under the Karnataka Act, as the transfer is by operation of law and governed by a special statute with a non-obstante clause. Value of improvements is not claimable under Section 51 when restoration occurs pursuant to Sections 4 and 5 of the Karnataka Act.

Parties
Appellant: Harishchandra Hegde; Respondents: State of Karnataka and Ors.
Jurisdiction
India
Judgment Date
18 December 2003
Procedural Posture
Civil Appeal / Appeal Against Karnataka High Court Judgment in W.a. No. 1045 of 1992
Outcome
Appeal dismissed
Legal Topics
Restoration of Granted Land, Validity of Alienation, Applicability of Transfer of Property Act, Compensation for Improvements
Property Law Administrative Law Scheduled Castes and Scheduled Tribes Law Restoration of Granted Land Validity of Alienation Applicability of Transfer of Property Act Compensation for Improvements

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Parties

Harishchandra Hegde

Appellant

State of Karnataka and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Karnataka High Court Judgment in W.a. No. 1045 of 1992

Legal Issues

  1. 1 Whether Section 51 of the Transfer of Property Act, 1882 applies to restoration of granted lands under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978

Ratio Decidendi

Section 51 of the Transfer of Property Act does not apply to restoration of granted lands under the Karnataka Act, as the transfer is by operation of law and governed by a special statute with a non-obstante clause. Value of improvements is not claimable under Section 51 when restoration occurs pursuant to Sections 4 and 5 of the Karnataka Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.