G H RAGHUNATH PRASAD PANDE versus STATE OF KARNATAKA & ORS.
Where parties have entered into a compromise in respect of resumption and possession of land, and such compromise is undisputed and acted upon with possession handed over, formal compliance with the procedure under Section 14(5) is unnecessary. The landlord was in legal possession since the date of compromise and order, and the High Court's technical approach is unjustified.
- Parties
- Appellant: Raghunath Prasad Pande; Respondents: State of Karnataka & Ors.
- Jurisdiction
- India
- Judgment Date
- 06 April 2018
- Procedural Posture
- Civil Appeal / Supreme Court Final Disposition
- Outcome
- Appeal allowed
- Legal Topics
- Resumption of Land From Tenants, Compromise Deeds, Possession of Resumed Land
Case Brief
Summary, issues, holding and outcome
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Parties
Raghunath Prasad Pande
Appellant
State of Karnataka & Ors.
Respondents
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Legal Issues
- 1 Whether possession as required under Section 14(5) of the Mysore Land Reforms Act, 1961 was handed over in favour of the landlord
- 2 Effect of compromise deed regarding possession and resumption of land
Ratio Decidendi
Where parties have entered into a compromise in respect of resumption and possession of land, and such compromise is undisputed and acted upon with possession handed over, formal compliance with the procedure under Section 14(5) is unnecessary. The landlord was in legal possession since the date of compromise and order, and the High Court's technical approach is unjustified.
Court Disposition
Appeal allowed
Orders
- Impugned judgments of High Court set aside
- Pending applications disposed of
Full Case Text
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