Supreme Court Refers Property Dispute Case to Larger Bench: Key Legal Questions on Special Leave Petitions
The legal battle over property rights and inheritance has long been a contentious issue in India, often resulting in prolonged litigation. The present case, S. Narahari & Ors. vs. S.R. Kumar & Ors., is no different. This case revolves around a dispute concerning the inheritance and lease of a property originally owned by Late Arosji Rao. The Supreme Court was tasked with determining the maintainability of a Special Leave Petition (SLP) after a prior withdrawal without explicit permission to refile. The case brings to the forefront the complex procedural intricacies surrounding property law, inheritance rights, and review petitions.
Background of the Case
Late Arosji Rao was the original owner of the suit property. Before his death on 30.09.1945, he executed a will on 17.07.1945, granting equal shares of his property to his two daughters, Smt. Kamala Bai and Smt. Anusuya Bai. The will explicitly stated that both daughters were to enjoy the property during their lifetime, after which it would be transferred to their respective male heirs.
Following the probate of the will, the two daughters became joint owners of the property and executed a lease deed in favor of M/s Rajatha Trust for 45 years. However, the death of Smt. Kamala Bai in 1988 led to a legal battle between her heirs and Smt. Anusuya Bai regarding ownership rights.
Legal Disputes and Court Proceedings
The dispute took a legal turn when:
- Following Kamala Bai’s death, her heirs and Anusuya Bai had a disagreement over their respective rights to the property.
- Smt. Anusuya Bai filed a suit for partition and possession of her share.
- A compromise decree was passed, granting both parties equal division of the property.
- Despite this, the sons of Anusuya Bai later filed a suit against their mother and Kamala Bai’s heirs, seeking a mandatory injunction.
- During this period, Anusuya Bai leased her portion of the property to the appellants for 51 years.
- The appellants began construction of a commercial complex on the property, which was opposed by the respondents, who obtained a stay order.
Trial Court and High Court Decisions
The Trial Court dismissed the suit filed by the respondents on 11.04.2002, affirming the validity of the compromise decree. However, the respondents appealed in the Karnataka High Court. During the pendency of the appeal, Anusuya Bai passed away. The High Court, in its judgment dated 10.08.2007, did not overturn the compromise decree but remanded the matter concerning possession to the Trial Court.
The Trial Court, on remand, ruled in favor of the respondents on 29.10.2011, decreeing possession in their favor. The appellants, aggrieved by this order, filed an appeal in the High Court. Meanwhile, their SLP in the Supreme Court was dismissed on 03.01.2013, as the relief sought had been exhausted.
The High Court, through a judgment dated 20.12.2019, dismissed the appellants’ appeal. The appellants then sought a review, which was also dismissed by the High Court on 15.07.2022.
Key Legal Question: Maintainability of the Special Leave Petition
The appellants filed a fresh SLP in the Supreme Court, challenging both the 2019 appeal dismissal and the 2022 review dismissal. The respondents objected, citing Order XLVII Rule 7 of the Civil Procedure Code (CPC), which bars SLPs against review orders.
The Supreme Court analyzed previous rulings:
- Vinod Kapoor vs. State of Goa: Held that an SLP dismissed as withdrawn without specific liberty precludes a fresh SLP.
- Sandhya Education Society vs. Union of India: Reiterated that a second SLP is not maintainable if explicit permission was not granted in the first dismissal.
The appellants relied on Khoday Distilleries Ltd. vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd., arguing that an SLP dismissed without reasons does not invoke the doctrine of merger.
Supreme Court’s Decision
The Supreme Court found merit in both arguments and acknowledged the conflicting precedents. Given the significance of the legal question, it decided to refer the matter to a larger bench. The order concluded with:
“Accordingly, let the papers of the case be placed before the Hon’ble Chief Justice of India for constituting a larger bench.”
Implications of the Ruling
This case underscores the importance of procedural clarity when withdrawing an SLP. The larger bench’s decision will set a precedent for future cases regarding the maintainability of review-based appeals.
Petitioner Name: S. Narahari & Ors..Respondent Name: S.R. Kumar & Ors..Judgment By: Justice Krishna Murari, Justice Sanjay Karol.Place Of Incident: Karnataka.Judgment Date: 04-07-2023.
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