Land Ownership Dispute: Supreme Court's Final Verdict on Karnataka Industrial Corporation's Claim

The long-standing dispute between Sri Lankappa and others against Karnataka Industrial Corporation (KIC) over land ownership has finally been settled by the Supreme Court. The case, which has seen multiple rounds of litigation, revolved around the possession and ownership of 11 acres and 16 guntas of land in Talaghattapura Village, Bangalore South Taluk. The apex court has ruled in favor of Sri Lankappa and others, upholding the findings of the lower courts that the grant in favor of KIC was deemed to be cancelled.

Background of the Case

The appellants, Sri Lankappa and others, had initially filed a suit in 1995 seeking a declaration of title and an injunction over the disputed land. They claimed that their grandfather, Chowdappa, was granted the property by the Amaldar of Bangalore South Taluk in 1929. They asserted that they remained in uninterrupted possession of the land.

On the other hand, Karnataka Industrial Corporation contended that the Karnataka Government had granted the land to them in 1968 for non-agricultural use. KIC subsequently filed a separate suit in 1996 seeking an injunction to restrain the appellants from interfering with its possession.

Findings of the Trial Court

The trial court ruled in favor of the appellants, affirming their continued possession since 1929 and holding that they had perfected their title against the Karnataka Government by 1963. The court also held that since the Government had lost its rights over the land, it had no authority to grant it to KIC in 1968.

In consequence, the suit filed by KIC was dismissed. The trial court concluded that KIC had never been in possession of the land and that the grant in its favor was ineffective.

Appeals and High Court’s Rulings

KIC and other respondents appealed the decision, but the appellate court upheld the trial court’s findings. The appellate court questioned the authenticity of documents presented by KIC, particularly the alleged land conversion certificate, and found that no reliable evidence supported KIC’s claim of ownership.

In 2005, the Karnataka High Court dismissed KIC’s second appeal, reiterating that the grant in its favor had been deemed cancelled as due procedure was not followed. The High Court categorically stated:

“Both the courts below have rightly come to the conclusion that the plaintiffs/respondents are in possession of the suit property and thereby rightly injuncted the appellants from interfering with the peaceful possession and enjoyment of the suit property and that there is deemed cancellation of the grant of land granted in favor of the appellants.”

Finality Reached in the Supreme Court

KIC took the matter to the Supreme Court by filing a special leave petition, which was converted into a civil appeal. The Supreme Court dismissed the appeal on November 22, 2017, thereby giving finality to the dispute.

Despite this, KIC initiated another suit in 2018 (KIC Suit-II) seeking a fresh declaration of ownership and possession of the land. The trial court rejected this suit on the grounds that the issue had already been settled through multiple rounds of litigation, invoking the principle of res judicata.

Supreme Court’s Judgment

The Supreme Court, in its judgment delivered by Justices Uday Umesh Lalit and S. Ravindra Bhat on December 8, 2021, set aside the High Court’s decision, which had erroneously revived KIC’s claim. The apex court observed:

“Having regard to the above discussion, this Court is of the opinion that the impugned judgment (in holding that despite the fact that in the previous proceedings the issue of title stood concluded, the trial court had to proceed with the suit) is clearly in error.”

The court reiterated that KIC was bound by previous judgments, which had already determined that the grant in its favor had been deemed cancelled. Therefore, the fresh suit was not maintainable.

Key Takeaways from the Verdict

The land grant to Karnataka Industrial Corporation was deemed cancelled due to procedural irregularities.
The appellants, Sri Lankappa and others, successfully established their long-standing possession and ownership of the disputed land.
The Supreme Court upheld the principle of res judicata, preventing the relitigation of issues that had already attained finality.
KIC’s repeated attempts to assert ownership were dismissed as vexatious litigation.

This judgment reinforces the importance of procedural compliance in land grants and the legal principle that once a matter has been conclusively decided, it cannot be reopened through successive litigation.

Petitioner Name: Sri Lankappa & Ors..
Respondent Name: Karnataka Industrial Corporation & Ors..
Judgment By: Justice Uday Umesh Lalit, Justice S. Ravindra Bhat.
Place Of Incident: Talaghattapura Village, Bangalore South Taluk.
Judgment Date: 07-12-2021.

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