Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1997 (4) TMI SC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1997 (4) TMI 526 - SC - Indian Laws

Issues Involved:
1. Whether Raghavamma had a limited estate under the compromise decree u/s 14(2) or an absolute estate u/s 14(1) of the Hindu Succession Act, 1956.
2. Whether the civil court has jurisdiction to go into the correctness of the patta granted by the Settlement Authorities.

Summary:

Issue 1: Limited Estate vs. Absolute Estate
The primary question was whether Raghavamma, under the compromise decree (Ex.A-11), had a limited estate attracting Sub-section (2) of Section 14 or an absolute estate by operation of Sub-section (1) of Section 14 of the Hindu Succession Act, 1956. The High Court held that Raghavamma's right was enlarged into an absolute estate by operation of Section 14(1) of the Act, as the compromise decree was in recognition of her pre-existing right to maintenance. However, the Supreme Court found that subsequent documents (Ex. B-3 and A-4) executed by Raghavamma acknowledged her limited right under the compromise decree, indicating that she acquired the limited right for the first time under the compromise decree. Therefore, Sub-section (2) of Section 14 was applicable, and her right did not get enlarged into an absolute estate.

Issue 2: Jurisdiction of Civil Court
The Supreme Court also addressed whether the civil court could question the patta granted by the Settlement Authorities under Section 15 of the AP (AA) Estate (Abolition and Conversion into Ryotwari) Act, 1948. The Court held that the civil court's jurisdiction is excluded when a statute provides a special right or liability and a procedure for determination by a Tribunal, giving finality to the Tribunal's orders. Since the Settlement Officer's order granting ryotwari patta had become final, the civil court could not unsettle it.

Conclusion:
The Supreme Court concluded that the Division Bench of the High Court erred in granting the decree for the properties gifted under the will dated 16.7.1972. The appeal was allowed, and the decree was set aside, without costs.

 

 

 

 

Quick Updates:Latest Updates