NADAKERAPPA SINCE DECEASED BY LRS. & ORS. versus PILLAMMA SINCE DECEASED BY LRS. & ORS.

Citation: [2022] 14 S.C.R. 1046 · Decided: 31-03-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Appeal(s) allowed
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1046
SUPREME COURT REPORTS
[2022] 14 S.C.R.
NADAKERAPPA SINCE DECEASED BY LRS. & ORS.
v.
PILLAMMA SINCE DECEASED BY LRS. & ORS.
(Civil Appeal Nos. 7657-7658 of 2017)
MARCH 31, 2022
[S. ABDUL NAZEER AND KRISHNA MURARI, JJ.]
Karnataka Land Reforms Act, 1961 – ss.2(27), 2(33), 2(34),
Proviso to s.48-A – Karnataka Land Reforms Rules, 1974 – r.19 –
Held: Order of remand cannot be passed as a matter of course – An
order of remand cannot also be passed for the mere purpose of
remanding a proceeding to the lower court or the Tribunal – An
endeavour has to be made by the Appellate Court to dispose of the
case on merits – Where both the sides have led oral and
documentary evidence, the Appellate Court has to decide the appeal
on merits instead of remanding the case to the lower court or the
Tribunal – In the instant case, the Division Bench remanded the
matter without any justification – Further, in view of proviso to s.48-
A, it was permissible for the tenant to make an application seeking
correction of the extent of land in the order of the Land Tribunal –
The proviso was inserted on 20.10.1995 and the memo seeking
correction of the order of the Land Tribunal was filed in the year,
2002 – Therefore, Single Judge was not justified in quashing the
Notice issued by the Land Tribunal on the ground of delay of about
20 years – Most of the tenants are villagers from remote areas and
most of them are illiterate persons and the Act is a beneficent
legislation – This aspect has to be kept in mind while deciding cases
under the Act – Whether the order requires correction or not has to
be decided by the Land Tribunal, after hearing the parties – Order
in Writ Appeal No.1950 of 2007 dated 30.12.2014 passed by the
Division Bench of the High Court is set aside and the order of
the Single Judge in W.P.No.27230/2002 dated 25.07.2007 is restored
– Also, order in Writ Appeal No.1563 of 2007 dated 30.12.2014
and the order of the Single Judge in W.P.No.23034/2002 dated
25.07.2002 are set aside – Land Tribunal to hold an inquiry on the
notice dated 24.05.2002 and pass appropriate orders thereon in
accordance with law – Practice and Procedure.
[2022] 14 S.C.R. 1046
1046
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Practice and Procedure – Order of remand – When cannot
be passed – Discussed.
Karnataka Land Reforms Act, 1961 – Object of – Discussed.
Interpretation of Statutes – Beneficial legislation – Held: It is
a well-settled canon of construction that in construing the provisions
of such enactments, the court should adopt a construction which
advances, fulfils and furthers the object of the Act rather than the
one which would defeat the same and render the protection illusory
– Karnataka Land Reforms Act, 1961.
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7657-
7658 of 2017.
From the Judgment and Order dated 30.12.2014 of the High Court
of Karnataka at Bengaluru in Writ Appeal Nos. 1563 of 2007 (LR) and
1950 of 2007 (LR).
A. N. Venugopal Gowda, Sr. Adv., Balaji Srinivasan, Mohammed
Shahrukh, Ramesh B., Advs. for the Appellants.
Ms. Kiran Suri, Sr. Adv., Ashok Bannidinni, Aviral Chandra, Sujeet
Kumar, Shubhranshu Dash, Anshuman Nayak, Shubhranshu Padhi,
Ashish Yadav, Rakshit Jain, Vishal Banshal, Advs. for the Respondents.
The Judgment of the Court was delivered by
S. ABDUL NAZEER, J.
1. These appeals are directed against the judgment dated
30.12.2014 passed by the Division Bench of the High Court of Karnataka
at Bangalore in Writ Appeal No.1563 of 2007 connected with Writ Appeal
No.1950 of 2007.
2. The brief facts necessary for the disposal of these appeals are
as follows:
Smt. Pillamma w/o Late Mariyappa and her children (respondents
herein) filed Writ Petition No(s).27230/2002 and 23034/2002 before the
High Court of Karnataka at Bangalore challenging the order dated
27.02.1989 passed by the Karnataka Land Reforms Appellate Authority
and the Order of the Land Tribunal dated 30.04.1982 and also the Notice
dated 24.05.2002 issued by the Land Tribunal for correcting the extent
of land found in the order of the Land Tribunal dated 30.04.1982. They
NADAKERAPPA SINCE DECEASED BY LRS. v. PILLAMMA
SINCE DECEASED BY LRS.
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[2022] 14 S.C.R.
are the owners of the lands bearing Survey No(s).4/7, 4/2 and 1/11
measuring 35 guntas, 25 guntas and 1 acre 14 guntas respectively of
Srigandadakaval Village, Bangalore North Taluk. Smt. Pillamma died
during the pendency of the proceedings before the High Court. Her
children who w
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