K.T. HUCHEGOWDA versus DEPUTY COMMISSIONER AND ORS.

K.T. HUCHEGOWDA versus DEPUTY COMMISSIONER AND ORS.

The period of limitation for perfecting title by prescription depends on the nature of the grant: 12 years for absolute ownership, 30 years for mere allotment. Each case must be examined on its own merits. Restoration can be defeated only by proving extinguishment of grantee's rights by adverse possession for the relevant period before the commencement of the Act.

Parties
Appellant: K.T. Huchegowda; Respondents: Deputy Commissioner and Others
Jurisdiction
India
Judgment Date
18 March 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal From the Karnataka High Court Judgment Dated 7.11.90 in W.a. No. 2167 of 1990
Outcome
Appeal allowed; remand
Legal Topics
Prescription, Adverse Possession, Limitation Periods, Restoration of Granted Land, Validity of Alienation, Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act, 1978
Property Law Land Law Scheduled Castes and Tribes Law Prescription Adverse Possession Limitation Periods Restoration of Granted Land Validity of Alienation +1 more

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Parties

K.T. Huchegowda

Appellant

Deputy Commissioner and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From the Karnataka High Court Judgment Dated 7.11.90 in W.a. No. 2167 of 1990

Legal Issues

  1. 1 Whether title by prescription can defeat an application for restoration under the Act where alienation was made in contravention of the terms of the grant.
  2. 2 What period of limitation applies for perfecting title by prescription: 12 years or 30 years, depending on the nature of grant.

Ratio Decidendi

The period of limitation for perfecting title by prescription depends on the nature of the grant: 12 years for absolute ownership, 30 years for mere allotment. Each case must be examined on its own merits. Restoration can be defeated only by proving extinguishment of grantee's rights by adverse possession for the relevant period before the commencement of the Act.

Court Disposition

Appeal allowed; remand

Orders

  • Order of appellate court set aside.
  • High Court directed to examine, on merits, whether grant was absolute or mere allotment, and what period of limitation applies for adverse possession.