Supreme Court Quashes Fraudulent Land Claim Against University of Mysore

The case of University of Mysore vs. Rajaiah (Dead) by LRs & Others is a significant ruling concerning property rights, fraudulent land claims, and the jurisdiction of land tribunals. The Supreme Court had to decide whether the respondents had legally acquired occupancy rights over land claimed by the University of Mysore. The ruling ultimately exposed the fraudulent nature of the respondents’ claims and reaffirmed the University’s legal possession of the property.

Background of the Case

The dispute arose over 22 acres of land in Survey No. 4 of Kurubarahalli village, Mysore. This land had originally belonged to the Maharaja of Mysore but was gifted to the President of India in 1965 for establishing a Logopedics Institute. However, since the land was unsuitable for that purpose, the Union of India leased it to the University of Mysore for 99 years in 1970.

Despite this, two individuals, Rajaiah and Chamundi (sons of the late Nanjaiah Thavarekatte), filed suits claiming they had been granted occupancy rights over 4 acres each of this land under the Karnataka Land Reforms Act (KLR Act). The dispute reached the Karnataka High Court, which ruled in favor of the respondents. The University of Mysore then appealed to the Supreme Court.

Claims of the Respondents

The respondents, Rajaiah and Chamundi, contended:

• They were tenants of the disputed land under the Maharaja of Mysore.
• They had applied for and been granted occupancy rights under the Karnataka Land Reforms Act.
• The University of Mysore had no rightful claim over the land.

Arguments of the University of Mysore

The University countered:

• The land was gifted to the President of India and leased to the University in 1970, making the respondents’ claims invalid.
• The respondents’ occupancy rights were fraudulently obtained using forged documents.
• The Karnataka Land Reforms Act does not apply to land belonging to or leased by a university.
• The University was never made a party to the land tribunal proceedings that granted occupancy rights to the respondents.

Supreme Court’s Observations

The Supreme Court found multiple irregularities in the respondents’ claims. Key observations included:

“It is clear that Rajaiah and Nanjaiah had not filed applications for grant of occupancy rights in respect of the suit schedule properties. The references to the land tribunal orders relied upon by them actually pertain to different lands in Dadadahalli village, not Kurubarahalli.”

The Court further noted that the respondents had used false land tribunal reference numbers from other properties to create fraudulent documents supporting their claim.

Key Findings of the Supreme Court

• The respondents had never legally applied for occupancy rights over the disputed land.
• The references to occupancy rights were fraudulently based on applications for different properties.
• The University of Mysore’s lease from the Union of India was legally valid, and the land never vested in the Karnataka Government under the KLR Act.
• The Karnataka High Court erred in ruling in favor of the respondents, as it failed to recognize the fraudulent nature of their claims.

Final Judgment

The Supreme Court ruled:

• The High Court’s decision was overturned.
• The land tribunal’s 1981 order granting occupancy rights to the respondents was quashed.
• The University of Mysore’s legal possession of the land was reaffirmed.
• The pending criminal proceedings against the respondents for document forgery and fraud should be pursued.

Key Takeaways from the Judgment

• Fraudulent Land Claims Exposed: The case highlights the importance of verifying land records to prevent fraudulent claims.
• Universities and Public Institutions Protected: The ruling safeguards land leased to educational institutions from encroachments.
• Judicial Oversight on Land Tribunal Decisions: The judgment reinforces that land tribunals must operate within legal frameworks and not entertain fraudulent claims.

This ruling sets a precedent in protecting public land and ensuring that land tribunal processes are not misused for fraudulent gain.

Petitioner Name: University of Mysore
Respondent Name: Rajaiah (Dead) by LRs & Others
Judgment By: Justice N.V. Ramana, Justice S. Abdul Nazeer
Place Of Incident: Mysore, Karnataka
Judgment Date: 23-03-2018

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