Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 1489 - SC - Indian LawsSuit filing restoration of the land - Held that:- In any view of the matter, any demurral to this process of taking over of the land in 1935, even if made in the year 2005 in the suit, can by no means be taken of cognizance of or be entertained. As a matter of fact, PW1 (respondent No.1/plaintiff) did admit that the land was auctioned for failure to pay the land revenue and it was essentially therefore his burden to also establish that such default was not willful and was due to circumstances beyond his control and that the assignment to him was otherwise not objectionable, as obligated by RSO 45(4). The belated willingness of respondent No.1/plaintiff to clear the arrear land tax post 1958 also does not further his case in this regard. On the other hand, it would be permissible to deduce that the inactive, casual and passive disposition of the respondent No.1/plaintiff to offer payment of the arrears due immediately after 1935, till at least 30 years hence, demonstrates not only a willful default in that regard but also a persistent unwillingness to clear the outstanding dues, which in terms of RSO 45(4) disqualifies him to avail any preference in the matter of assignment of the “bought in” lands. That the suit was filed claiming restoration of the land relying on RSO 45(4) seven decades after the land had been bought in, is writ large on the face of the record. As the above analysis evince that in the facts of the case, the respondent No.1/plaintiff was not entitled to the preference as contemplated in RSO 45(4), the omission on the part of the revenue authorities to hold a public auction before leasing out the suit land to Sericulture Development Department and Bharat Petroleum Corporation Ltd., is of no consequence. The preference to an original owner or his undisputed heir in the matter of assignment of “bought in” lands being contingent on the compliance of the essential pre-requisites therefor, as eluded hereinbefore, we are of the unhesitant opinion that the High Court was wrong in decreeing the suit on the sole ground that no notice had been issued to the respondent No.1/plaintiff prior to the assignment of the “bought in” land in favour of Kuruppaiah Sanaiyar and Muthusamy Sanaiyar in the year 1958 and that the same was cancelled in the related revenue proceedings. The apparent huge delay on the part of respondent No.1/plaintiff in offering to clear off the arrears and in the institution of the suit are as well formidable factors weighing against him. RSO 45(4) being of binding dispensation, any assignment in departure therefrom, cannot receive judicial imprimatur. In the facts and circumstances of the case, in our estimate, the respondent No1/plaintiff is not entitled to the preference as contemplated therein for assignment of the “bought in” land. The High Court having failed to examine the issues in the perspectives, as mandated by RSO 45(4), the impugned judgment and order cannot be sustained and is, therefore set aside.
|