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[11] [12] Prohibition of the transfer of conceded land.- (1) Notwithstanding any law, agreement, contract or deed, any transfer of granted land made before or after the coming into force of this Act in violation of the conditions of grant of that country or the law providing for such a concession or subsection (2) is null and void and has no right. A person in possession of property without the authorisation or permission of the title holder/owner of that property for the period prescribed by law, attains recognition and protection of his possession on equitable considerations comes to enjoy the rights of adverse possession. Blog are for informational purposes only and for the reader's personal non-commercial use. The Government have allotted those lands as per Saguvali Chit containing prohibition of alienation of the land. If that aspect of the matter is kept in view and the instant facts are perused, the grantee himself had given up the use of land for agricultural purpose and had applied for grant of conversion of the land after the embargo on alienation for 15 years had lapsed. Further, admittedly, there is not even a whisper in the evidence of the first petitioner with regard to the claim of adverse possession set up by the petitioners. Firstly, the crucial facts, which constitute adverse possession have not been pleaded. Subramanian, AIR 1976 SC 2433 : (1977) 1 LLJ 5 : (1976) 3 SCC 677 : (1977) 1 SCR 87 : (1976) 1 SLJ 539 : (1976) 8 UJ 717 Copyright - newindianexpress.com 2023. The view of this Court, which was upheld by their Lordships, was that no alienation could have been legally effected as it was prohibited by the grant and that adverse possession was not available as a defence since the claim of ownership was derived from the sale and manifestly no hostile claim could have or had been set up. Try to get the said mortgage released by the mortgagee or his legal heirs in case he is no more. other cause. Sorry, You are not the registered Lawyer of Vidhikarya.You have to signup as a lawyer to respond the Question. If the non-alienation period is over, the government, after considering the financial background of such grantee, can give permission to sell the land concerned provided the grantee purchases some other land by investing the sale consideration received. Venkatarayappa and another Vs. State of Karnataka and others, AIR 1997 SC 2930 : (1997) 6 JT 155 : (1997) 4 SCALE 715 : (1997) 7 SCC 567 : (1997) 2 SCR 187 Supp : (1997) 2 UJ 416 : (1997) AIRSCW 2947 : (1997) 6 Supreme 494 It is not stated by the petitioners that they have been in continuous and uninterrupted possession of the lands in question. It will be visible shortly after Admin verification. (3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a civil court or of any award or order of any other authority. 2) the mortgage redemption deed is not available, 3) endorsement made clear clearly mentions that in case any litigation arises in future you cnnaot use the said endorsement. Advertise With Us | Counsel for the petitioner submitted that in the impugned order the Assistant Commissioner says the proceedings were initiated pursuant to the directions issued by the National Commission but, it is obvious that a conspiracy has been hatched by Sri. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Kararnataka high judge (File photo) (AC) alleging rape of the rations of PTCL Act which inclined alienation of lands grants to SC/STs. The problem lies in the fact that when the grantee goes to sell the land which he is not supposed to the Govt does not refuse to register this Sale but officially accepts it as a legal sale. Vs. Jindal Exports Ltd., AIR 2001 SC 2293 : (2001) 2 ARBLR 1 : (2001) 3 CompLJ 9 : (2001) 1 JT 263 Supp : (2001) 3 SCALE 708 : (2001) 6 SCC 356 : (2001) 3 SCR 479 : (2001) AIRSCW 2087 : (2001) 4 Supreme 141 Karnataka Board of Wakf Vs. Government of India and Others, (2004) 4 SCALE 856 : (2004) 10 SCC 779 : (2004) 1 SCR 255 Supp It's quick, easy, and anonymous. Taking into consideration that the Mortgage was created in the year 1934, and that subsequently Venkat has not got the Deed of Redemption of Mortgage duly executed from Muni, legally Muni or his legal heirs can stake a claim in the land, if they have to stake a claim then the period of limitation under the act would be 12 years, which is long over. Three writ petitions was filed in the instant case praying to quash order passed by the Assistant Commissioner and Vice Chairman of National Commission as well as to declare that the action of demolishing the property and dispossessing the tenants of the petitioners is arbitrary and illegal. 28/04/23. "Endorsement says, Based on the available records verified at taluk office, this property doesnt come under PTCL act. Patriotic and National Observances, Ceremonies, and Organizations, Title 37. : The content of this PTCL ACT(thoti inam land) Posted 1 year ago. The Court observed that the National Commission recommended the case of Muniraju to the Government of Karnataka for restoration of the land in his favour. Punjab Land Development and Reclamation Corporation Ltd., Chandigarh Vs. Presiding Officer, Labour Court, Chandigarh and Others, (1991) 61 FLR 73 : (1990) 2 JT 490 : (1990) 2 LLJ 70 : (1990) 1 SCALE 878 : (1990) 3 SCC 682 : (1990) 3 SCR 111 : (1990) 2 UJ 293 Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf. : Gangster killedby rival rang members inside tihar jail. 2, First Floor, Subharaj G.N. It need not be equated with stealth, since the possession of the trespasser has to be open and hostile to the title owner. Jury finds Donald Trump guilty in sexual abuse case, Doctor stabbed to death: Know what the High Court said on Kerala doctor killed by accused, What is precedent: Obiter Dicta and Ratio Decidendi explained, Manipur Violence explained | Know what triggered the violence in Manipur, Sahara Matter: SEBI directed to attach the Subrata Roys Aamby Valley property, Rape accused granted bail on finding the sexual relationship to be consensual, MP HC | High Court under writ jurisdiction doesnt act as appellate body but examines only illegality in decision making process, [Alarnatha Temple] Orissa HC directs separate arrangements for early darshan by old, physically disabled and women, Delhi High Court enhances compensation from Rs 50,000 to Rs. The Assistant Commissioner by order dated 03.08.2011 dismissed the application filed by the legal representatives of original grantee. Bibi Sakina, AIR 1964 SC 1254 : (1964) 6 SCR 780 The law then says the land has to be returned to the grantee without any compensation. In 2007, Sakamma and Narayana Swamy initiated proceedings under PTCL Act, but they withdrew their plea for restoration of the lands in 2014. A tenant or licencee cannot claim adverse possession; but if he sets up a claim rivalling and challenging the title of the lessor/licensor and deliberately stops payment of rent/fee, his initial legal possession transforms into the illegal occupation of a trespasser. Original grantee excute sale agreement in favor purchaser with possession hand over to purchaser after that the legal hairs of the original grantee file case before speacil court in this instant court can Only considered possession and rejected the application if any possible this response the application After reject the application appeal before . In my view, mere uninterrupted and continuous possession without the animus to continue in possession hostile to the rights of the real owner will not constitute adverse possession in law. However, in 2015 they approached the assistant . Adverse possession statutes, like other statutes of limitation, rest on a public policy that does not promote litigation and aims at the repose of conditions that the parties have suffered to remain unquestioned long enough to indicate their acquiescence. Thank you for responding.Your answer has been posted successfully. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any Examples: NFL, K. Bhoopathy. The facts of the case are such that one Sri Kaveriga was granted the land in question subsequent to whose death; the legal heirs inherited the property and got the khata . PSP, HIPAA Income Tax Act, 1961. a) Land cannot be sold without permission from Govt. It is clear that the Assistant Commissioner was well aware of the fact that Sri K Bhoopathy had disposed of the properties in favour of Sri. 18-0208, Mastering Evidence Law: Unveiling Legal Proof Strategies, Understanding Legal Terms: A Beginners Guide, Clearance to get a Passport and Visa during the pendency of Criminal Cases, Procedure to track Court Cases online - CNR number QR code, Union budget 2023 post office monthly interest scheme an attraction. but not guaranteed, to be correct, complete, or up to date. State of Haryana Vs. Mukesh Kumar and Others, AIR 2012 SC 559 : (2012) 1 RCR(Civil) 17 : (2011) 11 SCALE 266 : (2011) 10 SCC 404 : (2011) 6 UJ 4099 : (2012) AIRSCW 276 PTCL endorsement from tahsildar saying, that this particular property doesn't even come under PTCL act) - This endorsement was later sought and provided by the builder but with a clause added. The object being that the purpose of the grant should be achieved inasmuch as the persons belonging to the lower strata of society who are granted such land to carry out the avocation, the protection should also be available so that the transactions which are made contrary to the provisions of the Act is to be set aside so that the purpose of the grant would be achieved in such manner. The contents are intended, K Bhoopathy and Karar Ahmad to knock off the landed properties, illegally and without authority of law. Counsel for the respondents submitted that an alternative statutory remedy is available and therefore the petition deserves to be dismissed. The contents are intended, The competent authority granted conversion of the land by his order dated 27.05.1994, thus, from 27.05.1994, character of the land being agriculture was changed to being non-agriculture and this act of getting the land converted is by the original grantee himself. When the non-sale period is over, the government, after taking into account the financial history of that beneficiary, may grant permission to sell the land in question, provided that the beneficiary acquires another country by investing the sale consideration received. The builder's assurances or indemnity will last only till you have completed the purchase formalities after that you will not be able to trace the builder, he would have fled the town itself. If the land was purchased in 1948, there is nothing to worry about, as the PTCL Act did not come into force until 1978 under the provisions of the Scheduled Castes and Scheduled Tribes Act of karnataka Annex (PTCL) 1978. Hii. PTCL. If your advocate opines that this may not be worth buying owing to the lacuna pointed out, you may exercise caution. No one can clarify anything. The 2nd defendant purchaser is in second appeal. Later the grantee goes back to the Govt and claims this land back. Governor Through Chief Secretary, Delhi and Others, AIR 2000 SC 594 : (2000) 85 FLR 305 : (1999) 9 JT 597 : (1999) 7 SCALE 466 : (2000) 1 SCC 644 : (2000) SCC(L&S) 213 : (1999) 5 SCR 310 Supp : (2000) 2 SLJ 395 : (2000) 1 UJ 252 : (2000) AIRSCW 19 : (1999) 10 Supreme 300 No. 4. Haradhan Saha Vs. In Thakur Kishan Singh (dead) Vs. Arvind Kumar, , their Lordships have clarified that possession for howsoever length of time does not result in converting permissive possession into adverse possession. This is our comprehension of the oft relied upon passage from Manchegowda. The relevant portion of the judgment at para 8, reads as follows: 8. Karnataka SC/ST PTCL Act. http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/357735/1/WP21977-13-21-12-2020.pdf. Indira Nehru Gandhi Vs. Shri Raj Narain and Another, AIR 1975 SC 2299 : (1975) SCC 1 Supp : (1976) 2 SCR 347 You will be notified by mail and sms once Lawyer responds. Ltd. disclaims all liability to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any S. Reddappa Vs. Sri Vijaya M., (1997) CriLJ 98 : (1997) ILR (Kar) 87 : (1997) 1 KarLJ 291 John Martin Vs. State of West Bengal, AIR 1975 SC 775 : (1975) CriLJ 637 : (1975) 3 SCC 836 : (1975) 3 SCR 211 3. e) This law is retroactively natureex-post-facto law#India d) The current owner should own including buildings, trees, etc. Veena Vadini Teachers Training Institute (Run by Veena Vadini Samaj Kalyan Vikash Samiti) Vs. State of Madhya Pradesh. Background. All the authorities have concurrently held that the alienation in favour of the petitioners was in violation of the above rules and the said Act and hence the sales are voidable. Shripad Narayan Hegde Vs. State of Karnataka, (1995) ILR (Kar) 2679 : (1996) 5 KarLJ 641 Save my name, email, and website in this browser for the next time I comment. Therefore, having come into possession under colour of title from the original grantee, if the Appellant intends to plead adverse possession as against the State, he must disclaim his title and plead his hostile claim to the knowledge of the State and that the State had not taken any action thereon within the prescribed period. Therefore, inspite of the alternative remedy being available to the petitioners, the Court found it fit to entertain the petition. The Court relied on judgment Rajasthan State Industrial Development and Investment Corporation v. Subhash Sindhi Cooperative Housing Society, (2013) 5 SCC 427 and observed that the primary purpose of the writ is to protect and to establish rights, and to impose a corresponding imperative duty existing in law. The said Koje sold the said land in favour of one seethu Hengsu under the registered sale deed dated 5-11-1956. RD/41/LGP/2006, issued by the Principal Secretary of the Ministry of Finance, has formulated new guidelines for obtaining such a sales permit. 1,50,000 for illegal termination of workman. Admittedly, the Appellant came into possession by a derivative title from the original grantee. The trespasser has to be correct, complete, or up to date Samaj Kalyan Vikash )... Madhya Pradesh our comprehension of the trespasser has to be open and hostile to the petitioners the! With stealth, since the possession of the oft relied upon passage from Manchegowda and hostile to the Govt claims. Not be sold without permission from Govt, 1961. a ) land can not be sold permission. Up to date derivative title from the original grantee Training Institute ( Run veena. Exercise caution to entertain the petition deserves to be dismissed if your advocate opines that ptcl act in favour of purchaser may not be without!, complete, or up to date permission from Govt are not the registered sale deed 5-11-1956... 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