SOMAKKA (DEAD) BY LRS versus K.P. BASAVARAJ (DEAD) BY LRS

SOMAKKA (DEAD) BY LRS versus K.P. BASAVARAJ (DEAD) BY LRS

The High Court failed to perform its duty as a first appellate court under Section 96 CPC read with Order XLI Rule 31 CPC by not forming points for determination or adequately considering the evidence relied upon by the Trial Court; the unchallenged documentary and oral evidence established that the land (item no.3) was personally cultivated by the father and occupancy rights were heritable, so the Trial Court's finding that the appellant and respondent are each entitled to one half share is confirmed and the High Court's modification reducing the appellant's share to one fourth is set aside.

Parties
Appellant: Somakka (Dead) by Lrs.; Respondent: K.P. Basavaraj (Dead) by Lrs.
Jurisdiction
India
Judgment Date
13 June 2022
Procedural Posture
Civil Appeal / Final Judgment by the Supreme Court on Appeal From High Court Decree
Outcome
Appeal allowed; impugned judgment of the High Court dated 19.08.2006 set aside insofar as it reduced the appellant's share in item no.3 of Schedule 'A'; judgment and decree of the Trial Court dated 02.09.2003 confirmed in respect of item no.3, entitling the appellant and respondent to one half share each; no order...
Legal Topics
Appeal Under Section 96 CPC, Order XLI Rule 31 CPC Duties of First Appellate Court, Partition, Occupancy Rights Under Mysore (religious and Charitable) Inams Abolition Act, 1955
Civil Procedure Property Law Land Revenue Succession Appeal Under Section 96 CPC Order XLI Rule 31 CPC Duties of First Appellate Court Partition Occupancy Rights Under Mysore (religious and Charitable) Inams Abolition Act, 1955

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Parties

Somakka (Dead) by Lrs.

Appellant

K.P. Basavaraj (Dead) by Lrs.

Respondent

Procedural Posture

Civil Appeal / Final Judgment by the Supreme Court on Appeal From High Court Decree

Legal Issues

  1. 1 Whether the appellant is entitled to one half or one fourth share in item no.3 of Schedule 'A' property
  2. 2 Whether the High Court, as first appellate court, complied with its duty under Section 96 CPC read with Order XLI Rule 31 CPC to consider evidence and state points for determination and reasons
  3. 3 Whether occupancy rights under the Inam Act in respect of item no.3 were heritable and thus passed to the heirs of Puttanna

Ratio Decidendi

The High Court failed to perform its duty as a first appellate court under Section 96 CPC read with Order XLI Rule 31 CPC by not forming points for determination or adequately considering the evidence relied upon by the Trial Court; the unchallenged documentary and oral evidence established that the land (item no.3) was personally cultivated by the father and occupancy rights were heritable, so the Trial Court's finding that the appellant and respondent are each entitled to one half share is confirmed and the High Court's modification reducing the appellant's share to one fourth is set aside.

Court Disposition

Appeal allowed; impugned judgment of the High Court dated 19.08.2006 set aside insofar as it reduced the appellant's share in item no.3 of Schedule 'A'; judgment and decree of the Trial Court dated 02.09.2003 confirmed in respect of item no.3, entitling the appellant and respondent to one half share each; no order...

Orders

  • Impugned judgment of the High Court dated 19.08.2006 set aside insofar as it reduced appellant's share in item no.3 of Schedule 'A'.
  • Judgment and decree of the Trial Court dated 02.09.2003 confirmed insofar as item no.3 of Schedule 'A' and the appellant and respondent are each held entitled to one half share in that property.