SRI SANGAPPA KALYANAPPA BANGI (DEAD) THROUGH LRS. versus LAND TRIBUNAL, JAMKHANDI AND ORS.

Citation: [1998] SUPP. 1 S.C.R. 600 · Decided: 15-09-1998 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Dismissed

Judgment (excerpt)

A 
SRI SANGAPPA KALYANAPPA BANGI (DEAD) THROUGH LRS. 
B 
v. 
LAND TRIBUNAL, JAMKHANDI AND ORS. 
SEPTEMBER 15, 1998 
[S. SAGHIR AHMED ANDS. RAJENDRA BABU, JJ.] 
Tenancy and Land laws-Kamataka Land Refomzs Act, 1961-Section 
21-Assignment of interest in land by tenant-Death of tenant:-Testamentmy 
dfaposition of land by deceased-A devise or bequest under will amounts to 
C an assif:,~Zment of illlerest in the land-But can be effected only to heirs men-
tioned in Section 21-Testamentmy disposition to a stranger to family of 
tenant would amount to assignment of illterest-Hence bwred under Section 
21 of the Act. 
Words & Phrases--''Heirs''-Meaning of in the collte.xt of Section 21 of 
D Kamataka Land Ref onns Act-Means and includes 'natural heirs' only and 
not 'hei1~·' as per will of testator. 
'S·l' filed an application under Section 45 of the ¥arnataka Land 
Reforms Ad, 1961 claiming occupancy rights in respect of the land. During 
E the pend ency of the proceedings he made a will and bequeathed his tenancy 
rights in respect of the land in favour of 'A·l'. S-1 died during the pendency 
of proceedings before the Tribunal. 'A·l' claiming to be legal representative 
of 'S·l' executed another Will under which 'H·l' made a claim to the land 
through 'S·l'. But the Land Tribunal held that the wife and children of the 
appellant (respondents No. 2 to 5), are entitled to occupancy rights in 
F 
respect of the said land. Aggrieved by the order appellants preferred 
appeal to the Appellate Authority. The Appellate Authority dismissed the 
same. Revision filed against the order was also dismissed. 
In this appeal challenging the order, the appellants submitted that 
G bequest to be made under a Will is not confined to the issues but may 
include others and a bequest under Will would not amount to assignment 
or transfer barred under Section 21 of the Karnataka Land Reforms Act. 
The respondents contended that Section 21 of the Act excluded a 
disposition of property under a Will; that the object of prohibitions under 
H Section 21 is not to allow any stranger to come on the property and the 
600 
.. 
... 
S.K. BAN GI v. LAND TRIBUNAL, JAMKHANDI 
601 
meaning of the expression 'heirs' must be confined only to the deceased's A 
issues or spouse or who are under law recognised as heirs and not to those 
who become heirs by virtue of an intercession of a Will. 
Dismissing the appeal, the Court 
HELD : 1.1. A devise under a Will would amount to assignment of B 
interest in the lands and, therefore, invalid under the provisions of Section 
21 of the Karnataka Lands Reforms Act. [606-C] 
1.2. The heirs who can take the property are those who are referable 
to in Section 21. But as to who his heirs are will have to be determined not 
with reference to the Act, but with reference to the personal law on the 
C 
matter. [605-E] 
Shivanna v. Rachiah, (1977) 1 K.L.J. 146; Dhareppa v. State of Kar-
nataka and Ors., (1979) 1 KLJ 18, overruled. 
Timmakka Kom Venkanna Naik v. The land T1ibu11al and Others, 
(1987) 2 KLJ 337, approved. 
2. Assignment of any interest in the tenanted land will not be valid. 
A devise or a bequest under a Will cannot be stated to fall outside the 
scope of the said provision inasmuch as such assignment disposes of or 
deals with the lease. When there is a disposition of rights under a Will 
though operates posthumously is nevertheless a recognition of the right of 
the legatee thereunder as to his rights on the tenanted land. In that event, 
there is an assignment of tenanted land, but that right will come into effect 
after the death of the testator. [605-E~F] 
3. The purpose behind Section 21 is not to allow strangers to the 
family of the tenant to come upon the land. The tenanted land is not allowed 
D 
E 
F 
to be sub-let i.e. to pass to the hands of a stranger nor any kind of assign-
ment taking place in respect of the lease held. Therefore, to promote the 
object of the enactment the deceased tenant can assign his rights only to 
such heirs i.e. spouse or any descendants or who is related to the deceased G 
tenant by legitimate kinship. When it is possible for the tenant to pass the 
property to those who may not necessary be the heirs under the ordinary law 
and who become heirs only b)i reason of a bequest under a Will in which 
event, he would be a stranger to the family and imported on the land thus to 
the detriment of the landlord. In that event, it must be taken that a devise H 
602 
SUPREME COURT RE

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