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Thus,there is no consistent stand regarding the year of commencement of tenancy or under whom,Gondappa,the father of the respondents 3 and 4 became the tenant | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
So,the only question which arises for consideration is whether the said cultivation of the land in dispute by the father of the respondents 3 and 4 during the years 1968 to 1974 can be presumed to be that of a tenant under the provisions of S.4 of the Karnataka Land Reforms Act | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.4 of the Act makes it clear that a member of the owner's family cannot be considered as a deemed tenant,even if he is lawfully cultivating the land belonging to owner | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the present case,since the father of the respondents 3 and 4,is the uncle of the respondent No.5,it cannot be said that he is not a member of the family of the respondent No.5 | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Though there is no evidence on record to show that there are any joint family properties belonging to the joint family of respondent No.5 and his uncle,there is nothing on record to show that they are not living as members of the joint family | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
So,it is not possible to presume that the father of the respondent Nos.3 and 4 Gondappa,who is the uncle of respondent No.5 was not the member of the family of the mortgagee,respondent No.5 | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Again,the High Court,while setting aside the findings of fact also made the following findings: "But in the instant case,since the respondents 3 and 4 failed to produce any evidence to show that their father was cultivating the land in dispute as a tenant under the 5th respondent mortgagee and even when the entries in the R.T.C.extract produced do not support the claim of tenancy set up by the father of the respondents 3 and 4,the question of drawing presumption of deemed tenancy in his favour under S.4 of the Act does not arise | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The father of the respondents 3 and 4,being the uncle of respondent No.5-Mortgagee,it is also quite possible that he might have been allowed to cultivate the land in dispute under the personal supervision of respondent No.5 by assisting him in cultivation of the said land | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the present case also,the respondents 3 and 4 failed to prove that their father was cultivating the land in dispute from the year 1968 as a tenant under the respondent No.5 and that after the death of their father,they continued as tenants in respect of the land in dispute | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is also significant to note that the respondent No.5,who was alive when the enquiry was pending before the Land Tribunal has not given evidence in favour of the respondents 3 and 4 stating that he has leased out the land in dispute in favour of the respondents 3 and 4.Except the interested testimony of respondents 3 and 4,there is nothing else on record to show that their father was inducted as a tenant to cultivate the land in dispute by the 5th respondent after the land is dispute was taken on mortgage by him | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
So,it is not possible to presume that the father of the respondents 3 and 4 was inducted as a tenant by the mortgagee,the 5th respondent,in respect of the land in dispute | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since the respondents 3 and 4 failed to produce any documentary evidence to show that their father was put in possession of the land in dispute by the 5th respondent,mortgagee as a 'tenant' and that they are continuing as tenants in respect of the said land after the death of their father,I find that they are not entitled to grant of occupational rights | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The earlier decision of this Court reported in ILR 1996 KAR page 2340 that when a person fails to prove that he is cultivating the land as tenant,he cannot be granted occupational right notwithstanding the fact that he might be in possession of the land and cultivating the same,is applicable to the facts of the present case on all fours | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
From a careful examination of the findings given by the High Court,as quoted hereinabove,in upsetting the concurrent findings of fact arrived at by the Tribunals below,we are not in a position to hold that the High Court was not justified in setting aside the concurrent orders of the Tribunals below in the exercise of its revisional power under Section 121A of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The power conferred on the High Court to revise the orders of the tribunals below has been provided in Section 121A of the Act,which runs as under: "The High Court may at any time call for the records of any order or proceeding recorded by the Appellate authority under this Act or any other law for the purpose of satisfying itself as to the legality of such order or as to the regularity of such proceeding and may pass such order with respect thereto as it thinks fit | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
From a plain reading of Section 121A of the Act,under which revisional jurisdiction can be exercised,it would be clear that the High Court,while exercising such power is entitled to re-appreciate the evidence when it finds that the conclusion arrived at by the appellate authority runs contrary to the materials on record and when it finds that there is no evidence to support the conclusion of the appellate authority or when it finds that the reasons given by the appellate authority are absolutely perverse and cannot be supported by the evidence on record | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It would also be clear from a plain reading of Section 121A of the Act that the High Court is also entitled to interfere with the orders of the Tribunals below when the material evidence on record was ignored or a finding was such that no court would come to such conclusion or that the decision of the Tribunals below was manifestly unjust | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have carefully examined the provisions under Section 121A of the Act,which is the revisional power under the Act,and also the provisions u/s.115 of the Code of Civil Procedure (for short "the Code").So far as S.115 of the Code is concerned,it has been made clear that it is only in case of a jurisdictional error or when the courts below had acted with material irregularity in the exercise of their jurisdiction that the question of interfering with such an order can arise,otherwise,the High Court is not entitled to interfere with any other order which does not satisfy the conditions laid down for interference u/s.115 of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the other hand,in our view,under Section 121A of the Act,it would be open to the High Court to interfere with the orders of the tribunals below as the High Court is empowered to look into the legality of the order or regularity of the proceedings although,in the exercise of revisional jurisdiction u/s.115 of the Code,the High Court is not entitled to look into the legality of the order or the regularity of the proceedings but only entitled to interfere with the orders of the Tribunals or the courts below when it finds that they have a) exercised a jurisdiction not vested in them by law,or b) failed to exercise a jurisdiction so vested,or c) acted in the exercise of their jurisdiction illegally or with material irregularity | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Reading the aforesaid provisions viz.,Section 121A of the Act and S.115 of the Code,we have no hesitation in our mind to hold that the revisional power exercised by the High Court under section 121A of the Act is wider than the one exercised by the High Court in its revisional jurisdiction u/s.115 of the Code | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
As noted herein earlier,since section 121A of the Act clearly empowers the High Court to look into the legality of the orders impugned,therefore,it would be open to the High Court to consider the material evidence on record,when it finds that such evidence was not at all considered by the tribunals below or when the conclusion arrived at by the tribunals below run contrary to the materials on record or when it finds that there is no evidence to support the conclusion of the tribunals below or that the reasons given by the tribunals below are absolutely perverse or a finding was such that no court would come to such a conclusion or that the decisions of the tribunals below were manifestly unjust | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Therefore,under section 121A of the Act,in the presence of any of the abovementioned circumstances,the High Court is empowered to look into the legality of the orders impugned in deciding the question whether the appellants could be held to be the tenants under the respondent Nos.3 or 4 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Keeping the aforesaid principles in mind as to when the High Court would be justified,in the exercise of its power under Section 121A of the Act,to examine the legality of the orders of the tribunals below in an appropriate case,let us now examine the findings of the High Court,while setting aside the concurrent findings of fact of the Tribunals below | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our view,on a careful examination of the findings of the High Court,which were based on consideration of the material evidence on record,it is difficult for us to hold that the High Court was not justified in setting aside the concurrent findings of fact of the tribunals below in the exercise of its jurisdiction under Section 121A of the Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have already noted the findings made by the High Court in the impugned judgment on the question whether the appellants could be held to be the tenants on the evidence and materials on record | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
While doing so,in our view,the High Court was justified in coming to the conclusion that the evidence and material on record would clearly establish that the appellants were not able to prove that they were the tenants in respect of the scheduled land under the respondents | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
One of the main criteria for deciding whether a particular person is a tenant or not is to see whether there was payment of rent,either in cash or in kind | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In this case,while rejecting the claim of the appellants,the High Court had considered that the appellants had failed to satisfy the court that any payment of rent was made either by the father of the appellants or by the appellants themselves | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The tribunals below,while accepting the case of the appellants,had relied on the entries made in the RTC record in respect of certain period | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
While considering such entries,the High Court had rightly held that from the entries in the RTC record for the years 1968 to 1974,the name of the appellants was not shown as the person in cultivation of the land in dispute and also the nature of cultivation of the scheduled land was not shown as that of the tenants in the said RTC record | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
That being the position,the High Court had come to a proper conclusion that the entries in the RTC extracts produced by the appellants could not support the contention that they were cultivating the land in dispute as the tenants | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our view also,the High Court was fully justified in drawing an adverse inference against the appellants for not producing any Geni receipts or any lease agreement to show that the 5th respondent before the High Court (respondent No.3 herein) had,in fact,leased out the scheduled land in favour of the appellants or their father,since deceased,on crop share basis and that the appellants had paid the Geni to the 5th respondent | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such being the findings arrived at by the High Court with which we are in concurrence,it is difficult to hold that the tenancy claimed by the appellants in respect of the scheduled land could be established | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Considering the above aspect of the matter and after considering the scope of Section 121A of the Act,we are,therefore,unable to agree with the learned counsel for the appellants that in the exercise of revisional jurisdiction under Section 121A of the Act,the High Court was not entitled to set aside the concurrent findings of fact arrived at by the appellate authority and the land tribunal | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such being the position,we do not find any reason to interfere with the judgment of the High Court,although the High Court,in the exercise of its power under Section 121A of the Act,had set aside the concurrent orders of the appellate authority as well as the land tribunal | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Mr | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Raju,the learned counsel appearing on behalf of the appellants,however,contended before us that it was not open to the High Court,in the exercise of its revisional jurisdiction under Section 121A of the Act,to interfere with the concurrent findings of fact arrived at by the appellate authority and the Land Tribunal | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In support of his contention,he had relied on a decision of this Court in the case of Dahya Lal & Ors.vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rasul Mohammed Abdul Rahim [1963 (3) SCR 1].1962 Indlaw SC 366 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He also relied on a decision of this Court in the case of Mohan Balaku Patil & Ors.vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Krishnoji Bhaurao Hundre (Dead | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 and Krishtappa Yellappa Pujar & Ors.vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Ram Samsthan Beladhadi [(1999) 1 SCC 74].1998 Indlaw SC 1197 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our view,so far as the decision in the case of Mohan Balaku Patil & Ors.vs | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 is concerned,it is difficult to conceive how this decision could be of any help to the appellants | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In that case,the findings recorded by the appellate authority as affirmed by the High Court by placing reliance on the entries made in the record of rights to the effect that the appellants were not in possession of the land on the relevant date nor were they cultivating the same,were not accepted by this court | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In any view of the matter,in that decision,relying on the aforesaid findings,this Court also had set aside the order made by the appellate authority as affirmed by the High Court in revision and restored the order made by the land tribunal | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If that case is of any help to the facts of the present case,it would be in favour of the respondents | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
So far as Krishtappa Yellapa Pujar & Ors.vs | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Ram Samsthan Beladhadi [(1999) 1 SCC 74] is concerned,we again fail to understand that how this could be of any help to the appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In that decision,it has been made clear that the High Court was entitled to interfere with the orders of the appellate authority only on question of law or irregularity in procedure and on no other aspect | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our view,we have already held that the High Court was entitled to interfere with the concurrent orders of the tribunals below as material evidence on record was not considered at all and non consideration of the material evidence on record is a question of law and,therefore,the High Court was entitled to interfere | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accordingly,this decision is of no help to the appellants | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Lastly,in our view,in view of the discussion made herein above,the decision relied on by the learned counsel for the appellant in the case of Dahya Lal & Ors.vs | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Rasul Mohammed Abdul Rahim [1963 (3) SCR 1 1962 Indlaw SC 366] need not be discussed | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
There is another aspect of this matter | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Even assuming that the High Court was not justified in setting aside the concurrent findings of fact in the exercise of its revisional jurisdiction under Section 121A of the Act,then also,we are of the view that it is not a fit case where this Court should interfere with the impugned judgment of the High Court in the exercise of our power u/art.136 of the Constitution | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In Union of India & Ors.vs | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Gangadhar Narsingdas Aggarwal & Anr.[(1997) 10 SCC 305],1995 Indlaw SC 1227 this Court,while declining to interfere with the order of the High Court in the exercise of its power u/art.136 of the Constitution,held that even if two views are possible,the view taken by the High Court being a plausible one,it would not call for intervention by this Court u/art.136 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Considering the concurrent orders of the appellate authority and the land tribunal and the impugned order of the High Court,we are in agreement with the High Court because the view taken by it was plausible and therefore,the question of interference by us u/art.136 of the Constitution is not warranted | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Again in Jai Mangal Oraon vs | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Mira Nayak (Smt.) & Ors.[(2000) 5 SCC 141 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
2000 Indlaw SC 332,this Court had laid down that when there was nothing illegal and wrong in the reasoning and conclusions arrived at by the High Court and the same appeared to be well merited and in accordance with the interpretation of statutory provisions,this Court would not interfere with the order of the High Court u/art.136 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have already considered the findings made by the High Court while setting aside the concurrent orders of the tribunals below and found that the same appear to be well merited and in accordance with the material evidence on record,therefore,this Court would not interfere with the order of the High Court u/art.136 of the Constitution | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Finally in Taherakhatoon (D) By Lrs | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Vs | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Salambin Mohammad [(1992) 2 SCC 635 1992 Indlaw SC 355],this Court at paragraph 20 has observed as follows : "In view of the above decisions,even though we are now dealing with the appeal after grant of special leave,we are not bound to go into merits and even if we do so and declare the law or point out the error | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
still we may not interfere if the justice of the case on facts does not require interference or if we feel that the relief could be moulded in a different fashion | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In view of the aforesaid,we are,therefore,of the view that this is not a fit case where this Court shall interfere with the order passed by the High Court under Section 121A of the Act.19.For the reasons aforesaid,this appeal fails and is dismissed without any order as to costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Appeal dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The main question raised in this appeal by special leave at the instance of State,of Gujarat,and the Collector of Sabarkantha against the Gujarat High Court's judgment and order dated January 30/31,1975 allowing the writ petition of the respondent is whether once the competent authority under s.2(4) (i) of the Bombay Merged Territories and Areas (Jagirs Abolition | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Act,1953 (Bombay Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
No.XXXIX of 1954) declares that a particular Jagir is a proprietary one,a further inquiry under s.37 (2) of the Bombay Land Revenue Code (Bombay Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
No | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
V of 1879) with a view to determining whether the Jagirdar had any rights to mines or mineral products in his Jagir granted or recognised under any contract,grant or law for the time being in force or by custom or usage is competent | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The facts giving rise to the said question are these : By Hajur Order No.116 dated October 27,1933,the respondent (Maharaj Shri Amar Singji Himatsingji) was granted Daljitgarh Jagir comprising of 10 villages mentioned in the said order in jivarak (for maintenance) by the then Ruler of Idar; by another Hajur Order No.807 dated January 12,1934,the respondent was given a further grant in jivarak of 3 villages mentioned in that order with effect from October 1,1933; by yet another Hajur Order No.964 dated November 21,1947,14 villages (including Kapoda and Isarwada) were granted in jivarak to the respondent by the Ruler of Idar in substitution of the villages mentioned in the previous two orders | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to the respondent by these grants (parvanas) read together he was given full proprietary rights in the soil of the said villages,that is to say,it was a proprietary Jagir that was granted to him by the then Ruler | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Admittedly,on the coming into force of the Bombay Merged Territories and Areas (Jagirs Abolition) Act,1953 (hereinafter referred to as "the Act") i.e.with effect from respondent's Daljitgarh Jagir stood abolished and all his rights in the Jagir villages,save as expressly provided by or under the Act,were extinguished and the respondent became entitled to compensation under s.11 of the Act | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It appears that for the purpose of implementing the provisions of the Act the competent authority (Collector of District Sabarkantha) held an inquiry into the question whether the respondent's Jigir was proprietary (involving any right or interest in the soil) or non-proprietary (involving mere assignment of land revenue or rent due to Government) under s.2 (4) (i) of the Act and having regard to the documentary and other evidence led before it,the competent authority by its order dated September 8,1959,held that the Daljitgarh Jagir of the respondent was a proprietary jagir | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It further appears that pursuant to an order dated November 24,1959,passed by the Mamlatdar,Idar,an entry was made on June 18,1963,in the relevant revenue records (village Form No.6) of one of the villages Kapoda comprised in the Jagir to the effect that the respondent's right to take out gravel and stones was recognised but the right relating to excavation of mica had been reserved and retained by the Government; this entry was only certified on March 30,1965.According to the respondent since the entries made in the revenue records in respect of his rights to mines and mineral products were not sufficient and proper and though the Mamlatdar's order dated November 24,1959 was in respect of two villages,namely,Kapoda and Isarwada,the relevant entry in respect of greval and stones had been made only in regard to village Kapoda,he by his application dated October 11,1968,requested the Collector,Sabarkantha,to issue necessary orders to the Mamlatdar,Idar,to make appropriate entries regarding his rights in the minerals in village Isarwada | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A similar application,containing similar request,was also made by the respondent to the Mamlatdar Taluka Idar on October 4,1971.Thereupon a notice under S.37(2) of the Bombay Land Revenue Code for the purpose of holding an inquiry into the rights of the respondent to mines and mineral products of the said villages claimed by the respondent wag served upon him but the respondent raised a preliminary objection that such inquiry wag misconceived and incompetent in view of the determination made under s.2 (4) (i) of the Act and having regard to the provisions of S.10 of the Act-his rights,to mines and mineral products were expressly saved; the Collector of Sabarkantha (appellant No.2) overruled the preliminary objection and by order dated February 23,1973,directed that the inquiry shall proceed and the respondent was directed to produce his evidence in support of his claim on a date that would be fixed and intimated to him | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Aggrieved by this order passed by the Collector on February 23,1973,the respondent preferred a writ petition (Special Civil Application No.1224 of 1973) under Art.227 of the Constitution to the,Gujarat High Court and writ of certiorari quashing the order dated February 23,1973 and a direction restraining the Collector from further proceeding with the inquiry under S.37(2) of the Land Revenue Code were sought | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
These reliefs sought by the respondent were resisted by the State of Gujarat and the Collector (the appellants before us) principally on the ground that the inquiry under s.37(2) of the Land Revenue Code into the rights to mines and mineral products in the said villages claimed by the respondent was necessary and proper and could not be said to-be concluded by the determination made under s.2 (4) (1) of the Act by the competent authority | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court negatived the contentions urged by the appellants and took the view that in the determination by the competent authority under s.2 (4) (i) of the Act that the respondent's Jagir was a proprietary one there was implicit decision that the respondent was a grantee of the soil which included sub-soil entitling him to mines and mineral products and as such a further inquiry by the Collector under S.37(2) of the Bombay Land Revenue Code was incompetent and without jurisdiction and,therefore,the Collector's order dated February 23,1973 was liable to be quashed | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accordingly,the High Court set aside the Collector's order and further issued an injunction permanently restraining the State of Gujarat and the Collector from initiating any inquiry under S.37(2) in respect of the respondents rights to mines and mineral products in the said villages | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellants seek to challenge the said judgment and order of the Gujarat High Court in this appeal | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Learned counsel for the appellants has contended that the High Court has adopted an erroneous view of the scope and ambit of the inquiry contemplated under S.2(4)(i) of the Act by the competent authority in as much as under the said provision the competent authority had power merely to decide the question whether the respondents Jagir was a proprietary or a non-proprietary Jagir and had no Dower or jurisdiction to determine whether on the appointed date that is on August 1,1954 when the Act,came into force the respondent had subsisting rights to mines and minerals products in the Jagir villages so as to be saved under S.10 of the Act | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He urged that it would be for the Collector acting under S.37(2) of the Bombay Land Revenue Code to decide the latter question in an inquiry initiated under that provision | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to learned counsel the mere circumstance that the respondent's Jagir was found under S.2(4 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
i) to be proprietary was not tantamount to the establishment by the respondent of his rights to mines and mineral products in the villages of his Jagir for which there must be an actual grant or contract or law or custom or usage recognising such rights and this could only be determined by the Collector by holding an inquiry under s.37(2) of the Bombay Land Revenue Code,and,therefore the High Court was clearly in error in coming to the conclusion that the inquiry initiated by the second appellant under s.37(2) of the Bombay Land Revenue Code,was incompetent or without jurisdiction | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the other hand,learned counsel for the respondent contended that a determination under s.2 (4) (i) of the Act that a particular Jagir 'was a proprietary one necessarily implied that the grant was of soil and the grantee was entitled to mines and mineral products which were expressly saved under s.10 of the Act and in any event on the facts obtaining in the instant case the competent authority acting under s.2 (4) (i) of the Act,while coming to the conclusion that the respondent's Jagir was proprietary one,bad relied upon the unqualified nature of the grant and also considered the evidence led before it touching upon the several rights such as right to sell fire-wood,babul trees,saltrees,timru trees,right to sell agriculture land and house sites; right to sell stones and gravel,right to sell or allow use of land for manufacture of bricks-enjoyed by the respondent since the time the grant had been made in his favour by the then Ruler and it was on the basis of such evidence that tile competent authority had come to the conclusion that the respondent's Jagir was a proprietary one | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He urged that having regard to such determination that was made by the competent authority under s.2 (4) (i) of the Act it would be clear that a further inquiry into the respondent's rights to mines and mineral products,particularly gravel and stones under s.37(2) of the Code would be misconceived and incompetent | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He pointed out that presumably pursuant to this determination,the Mamlatdar,Idar,had passed an order on November 24,1959,that the respondent's right to stones and gravel in the two villages of Kapoda and Isarwada,though not to mica,had been recognised by the Government and accordingly the necessary entry pertaining to respondent's right to stones and gravel had been made in the relevant revenue records at least in the case of village Kapoda and had been duly certified | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He further urged that the two letters addressed by the respondent-one to the Collector on October 11,1968 and the other to the Mamlatdar on October 4,1971,merely contained a request to make appropriate entries in the Revenue Records based on the Mamlatdar's order dated November 24,1959 and,therefore,the Collector could not pronounce upon those letters as containing a claim put forward by the respondent for the first time to mines and mineral products in the said Jagir villages to initiate an inquiry under s.37(2) of the Bombay Land Revenue de | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
According to the learned counsel for the respondent unless a claim to property or rights over property was Made either by the State against any person or by any person against the State,there could be no occasion for the Collector to held an inquiry contemplated by s.37(2) of the Code | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He,therefore,urged that the High Court was right in quashing the Collector's order dated February 23,1973 | Argument | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Having regard to the rival contentions of the parties summarised above,it will appear clear that really two questions-one general and the other specific in the light of the facts obtaining in the instant case,arise for our determination in this appeal | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The general question is whether once the competent authority under s.2 (4) (i) of the Act declares that the particular Jagir is a proprietary one a further inquiry under s.37(2) of the Land Revenue Code with a view to determining whether the Jagirdar had rights to mines and mineral products in such Jagir subsisting on the appointed date is competent | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The other specific question is whether in the facts of the case and having regard to the nature of evidence considered and the specific finding made by the competent authority while determining the question under s.2(4 | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
i),the further inquiry initiated by the Collector under s.37(2) was misconceived and uncalled for | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
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