SMT. PUTTAHONNAMMA versus C. GANGADHARA MURTHY AND ORS.

SMT. PUTTAHONNAMMA versus C. GANGADHARA MURTHY AND ORS.

Failure to prefer a second appeal under Section 50 does not prohibit the party from seeking revision under Section 56. Only if the second appeal remedy has actually been availed is revision jurisdiction barred. Under the amended Act, the order of the Joint Director is not a nullity and the matter is remitted to the High Court for consideration according to law.

Parties
Appellant: Smt. Puit Ahonnamma; Respondents: C. Gangadhara Murthy and Ors.
Jurisdiction
India
Judgment Date
02 February 1996
Procedural Posture
Civil Appeal / Supreme Court Review of a Karnataka High Court Writ Petition Disposition
Outcome
Appeal allowed. Order of High Court set aside. Matter remitted to High Court.
Legal Topics
Statutory Remedies, Appeal and Revision Under Karnataka Land Revenue Act, Jurisdiction, Family Partition, Mutation and Demarcation of Land Boundaries
Land Revenue Civil Procedure Statutory Remedies Appeal and Revision Under Karnataka Land Revenue Act Jurisdiction Family Partition Mutation and Demarcation of Land Boundaries

Case Brief

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Parties

Smt. Puit Ahonnamma

Appellant

C. Gangadhara Murthy and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Review of a Karnataka High Court Writ Petition Disposition

Legal Issues

  1. 1 Whether failure to avail remedy of second appeal under Section 50 of Karnataka Land Revenue Act precludes revision under Section 56
  2. 2 Whether the order of the revisional authority is a nullity for want of jurisdiction

Ratio Decidendi

Failure to prefer a second appeal under Section 50 does not prohibit the party from seeking revision under Section 56. Only if the second appeal remedy has actually been availed is revision jurisdiction barred. Under the amended Act, the order of the Joint Director is not a nullity and the matter is remitted to the High Court for consideration according to law.

Court Disposition

Appeal allowed. Order of High Court set aside. Matter remitted to High Court.

Orders

  • Matter remitted to High Court for consideration of the case according to law
  • No costs