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Muniraj & Another v. Karnataka Appellate Tribunal And Others
Judgment Summary — Rangavittalachar, J.
Factual and Procedural Background
Lands bearing Sy. Nos. 130, 131, 134, 135 and 136 in Khayamgutha Binnamangala Village were inam lands. After the Karnataka (Personal & Miscellaneous) Inams Abolition Act, 1954 (the Act) came into force, the petitioners applied to the Special Deputy Commissioner for Inams Abolition (the Deputy Commissioner) to register occupancy rights over the lands they cultivated. While those applications were under enquiry, respondents 4 to 8 filed an application under Order 1 Rule 10(2) of the Code of Civil Procedure seeking impleadment as interested persons (claiming to be purchasers of certain house sites in the lands); that impleadment application was rejected by the Deputy Commissioner.
By final order dated 12.7.1999 the Deputy Commissioner allowed the petitioners' applications and ordered them to be registered as occupants. Respondents 4 to 8, belatedly, challenged that final order before the Karnataka Appellate Tribunal (KAT), making three interlocutory applications before the Tribunal:
- I.A. I — under section 5 of the Limitation Act to condone delay;
- I.A. II — for a stay of the Special Deputy Commissioner’s order;
- I.A. III — for leave of the Tribunal to prosecute the appeal.
The Tribunal allowed all three applications and, while allowing I.A. III, held that respondents 4 to 8 were maintainable as appellants because, though not parties before the Deputy Commissioner, they were purchasers of house sites in the lands and therefore had an interest in the properties. The petitioners challenged the Tribunal's maintainability ruling by this writ petition.
Legal Issues Presented
- Whether respondents 4 to 8, who were not parties before the Deputy Commissioner, are entitled to file an appeal under Section 28 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (i.e., the scope of "person aggrieved" / "person interested" under Section 28).
- Whether the Karnataka Appellate Tribunal was correct to treat a mere interest in the property (as purchasers of certain house sites) as sufficient locus to maintain an appeal under Section 28, without enquiring whether such persons fall within categories of persons whose rights are created or saved under the Act.
Arguments of the Parties
Petitioners' Arguments (Sri Gangi Reddy, learned counsel)
- Under the Inams Abolition Act only an inamdar or a person claiming occupancy rights are entitled to appeal under Section 28.
- Strangers such as respondents 4 to 8 have no right of appeal; they are not entitled to be heard as appellants before the Tribunal.
- Therefore, the Tribunal erred in entertaining the appeal of respondents 4 to 8.
Respondents' Arguments (Sri Sudarshan Reddy, learned counsel)
- Even if a person was not a party before the Deputy Commissioner in proceedings under Section 10 of the Act, if that person's interests are affected by the Deputy Commissioner's order, that person is entitled to maintain an appeal under Section 28.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Shanta Rao v. The Mysore Revenue Appellate Tribunal, 1965 2 Mys. L.J. 324 | Held that Section 28's language is wide and that persons not parties before the Deputy Commissioner but whose interests are affected may be treated as "aggrieved" and entitled to appeal. | The Court acknowledged this decision but read it in a confined manner: it recognized that non-parties may appeal if they are "persons interested" in the specific sense contemplated by the Act (i.e., their rights arise from or are saved by the Act). The Court held the Tribunal had misapplied the precedent by treating any interest in the property as sufficient locus. |
| B.K. Ramachandra Rao v. Kamalappa (as cited in Shanta Rao) | Established that the words of Section 28 are comprehensive enough to include any person interested in the subject matter, whether or not a party to proceedings before the Deputy Commissioner. | The Court noted the principle but limited its reach: a "person interested" must be one whose rights are created or saved under the Inams Abolition Act (or derivative holders/successors), not all persons with some property interest outside the Act’s defined classes. |
Court's Reasoning and Analysis
The Court first reviewed the Act's scheme: Section 3 effects vesting of inams in the State, while Sections 4–9 create or preserve rights for certain categories (tenants, inamdars, holders of minor inams). Sections 12 and 13 preserve rights of private building owners and persons who have legally converted lands. Section 10 is the adjudicatory provision for claims under the Act and Section 28 provides an appeal to the Karnataka Appellate Tribunal from orders under Section 10 (and related provisions).
A plain reading of Section 28, the Court observed, indicates that the right of appeal is conferred specifically on the Government and on "persons aggrieved" — understood in context as persons claiming rights under Sections 4–9. The Court then considered the Division Bench decision in Shanta Rao (and the authority in B.K. Ramachandra Rao v. Kamalappa) which had held that persons not parties before the Deputy Commissioner could still be "aggrieved" and thus appeal if their interests were affected.
The Court accepted that those authorities stand for the proposition that non-parties may have a right of appeal when their interests are affected. However, because the Inams Abolition Act is a self-contained code (creating rights, prescribing a forum for their declaration, and establishing an appellate authority), the Court determined that the phrase "person interested" under Section 28 must be read in that statutory context. Concretely, the Court held that "person interested" should be limited to:
- Persons whose rights are created or saved by the Inams Abolition Act;
- Their derivative title-holders;
- Persons whose rights to lands are saved under Sections 12 or 13 of the Act; and
- Their successors, when such persons' rights are affected by a Deputy Commissioner's decision.
The Court concluded that respondents 4 to 8 must be assessed against these categories to determine whether they are "persons interested" within Section 28. The Tribunal, however, had not conducted such an enquiry and had simply held that any person with an interest in the property had sufficient locus to appeal. The Court found that approach would impermissibly widen the scope of appeals beyond the statutory scheme and was therefore unsustainable.
Accordingly, the Court set aside the Tribunal's order on maintainability, remitted the matter to the Tribunal to re-enquire the maintainability in light of the statutory framework and the Court's discussion, and directed the Tribunal to dispose of the matter within four months. The Court expressly left intact the Tribunal's orders granting condonation of delay (I.A. I) and grant of stay (I.A. II).
Holding and Implications
Holding: The impugned order of the Karnataka Appellate Tribunal insofar as it held respondents 4 to 8's appeal to be maintainable on the ground that they merely had an "interest" in the property is SET ASIDE. The matter is remitted to the Tribunal with directions to re-enquire the maintainability of the appeal in light of the statutory scheme and the Court's analysis.
Implications:
- The Tribunal must determine whether appellants claiming to be "persons interested" fall within the categories of persons whose rights are created or saved by the Inams Abolition Act (or are derivative title-holders, successors, or persons whose rights are saved under Sections 12 or 13) before entertaining appeals under Section 28.
- The Tribunal is directed to complete the re-enquiry and dispose of the matter within four months from receipt of the order.
- Parties are permitted to produce additional documents or evidence when the Tribunal re-examines maintainability.
- The Tribunal's orders on I.A. I (condonation under the Limitation Act) and I.A. II (stay) remain undisturbed.
This summary is based exclusively on the content of the provided opinion and does not add or infer facts or reasoning beyond that text.
Rangavittalachar, J.:—
The Writ Petition is filed challenging the correctness of the order of the Karnataka Appellate Tribunal holding that the appeal filed by respondents 4 to 8 before it, is maintainable.
2. Lands bearing Sy. Nos, 130, 131, 134, 135 and 136 of “Khayamgutha Binnamangala Village” are inam lands. After the coming into force of the Karnataka Personal & Miscellaneous Inams Abolition Act, 1954 petitioners herein filed applications for registration of occupancy rights in respect of the lands under their cultivation before the Special Deputy Commissioner for Inams Abolition (Hereinafter referred to as the Deputy Commissioner). While their applications were being enquired into by the Deputy Commissioner, respondents 4 to 8 herein filed an application under Order 1 Rule 10(2) of Code of Civil Procedure for getting impleaded on the ground that they are also interested persons being the purchasers of certain house sites situated in the lands. This application came to be rejected by the-Deputy Commissioner. Subsequently by a final order dated 12.7.1999, the Deputy Commissioner allowed the applications of the petitioners and ordered them to be registered as occupants.
The final order of the Deputy Commissioner came to be challenged by respondents 4 to 8 herein belatedly before the Karnataka Appellate Tribunal (KAT). They made 3 applications before the tribunal:
(i) I.A I was filed u/s. 5 of the Limitation Act for condoning the delay in preferring the appeal.
(ii) I.A II was filed for staying the operation of the order of the Special Deputy Commissioner.
(iii) I.A III was filed for seeking leave of the tribunal to prosecute the appeal.
The Tribunal allowed all the 3 applications, while allowing I.A 3 it has held that “Respondents 4 to 8 though were not parties before the Special Deputy Commissioner since they are the purchasers of certain house sites in the lands bearing S. Nos. 130, 131 and 134., they have interest in the properties in question”. Hence their appeal is maintainable.
3. This order is under challenge in this Writ Petition.
Assailing this reason of the tribunal as erroneous, Sri Gangi Reddy - learned Counsel for the petitioners submitted that under the scheme of the Inams Abolition Act, only an inamdar or a person claiming occupancy rights alone are entitled to file an appeal under Section 28 of the Act. But strangers like respondents 4 to 8 have no right of appeal. Tribunal therefore was not right in entertaining their appeal.
4. Per contra, Sri Sudarshan Reddy - learned Counsel appearing for respondents 4 to 8 defended the Order by stating that a person even though is not a party before the Deputy Commissioner in an enquiry under Section 10 of the Act but if his interests are affected by the order, is entitled to maintain an appeal.
5. In order to appreciate the rival contentions, it is necessary to briefly refer to the provisions of the Karnataka (Personal and Miscellaneous) lams Abolition Act, 1954 and to state the persons entitled to maintain an appeal under Section 28 of the Act.
The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Hereinafter referred to as THE ACT for brevity) was passed with the intention of abolishing all the inams. Section 3 of the Act provides that the consequences of vesting among other things being that all rights of Inamdar stands abolished and the entire inam vests in the State of Mysore absolutely free from all encumbrances. However the “Act” confers rights in favour of certain categories of tenants, cultivating the lands, under the Inamdar under Section 4, 5 & 6; On holders of minor Inam under Section 7 and 8 and on the inamdar under Section 9. Apart from the inamdar and the tenants, under Section 12 every owner of a private building is entitled to keep the building; and under Section 13 of the Act a third party is entitled to keep converted lands, provided the conversion is effected, according to law: But the “Tenants” and the “Inamdar” are required under the Act to make applications before the jurisdictional authority (The Special Deputy Commissioner for Inams Abolition, later the land tribunal for some time now again the Deputy Commissioner) to have their rights declared. So also the owner of a private building if there is a dispute regarding his ownership.
Section 10 of the Act provides for adjudication of the Rights of Tenants, inamdar, including a holder of minor inam and of the applicants who have filed their applications under Section 12 and 13 of the Act. Since the said section has a bearing to the point in issue, the relevant clause of the section i.e, Section 10(1) is extracted omitting what is un-necessary. It reads:
Sec: 10: Determination of claims under Section 4, 5, 6, 7, 8 & 9:
(1) The Deputy Commissioner shall examine the nature and history of all lands in respect of which a kadim tenant, a permanent tenant, a quasi-permanent tenant, the holder of a minor inam or an inamdar claims to be registered as occupant under Sections 4, 5, 6, 7 and 9 or the holder of a minor inam claims to be registered as holder under Section 8, as the case may be, and decide in respect of which lands the claims should be allowed”.
6. An appeal is provided against the order of the Deputy Commissioner passed under Section 10 of the Act to the Karnataka Appellate Tribunal under Section 28 of the Act. It reads as under:
“Sec. 28: Appeal from orders under Section 11:—
(1) Against any decision of the Deputy Commissioner under Section ID, the Government may, within six months from the date of commencement of the Mysore Inams Abolition Laws (Amendment) Act, 1979 or from the date of the decision whichever is later, and any person aggrieved by such decision may, within thirty days from the said date, appeal to the prescribed authority and the decision of the prescribed authority shall be final”.
A bare reading of Section 28 suggests that the Right of Appeal is conferred only on the State Government and to the person or persons claiming rights under Sections 4, 5, 6, 7, 8 & 9 of the Act.
However the Division Bench of this Court in the case of Shanta Rao v. The Mysore Revenue Appellate Tribunal . 1965 2 Mys. L.J, 324. referred to by the learned Counsel for respondent, has taken the view that even persons who are not parties before the Deputy Commissioner in the enquiry under Section 10 of the Act, but if their interests are affected, they are also entitled to file an appeal under Section 28 of the Act. The relevant paragraph of the decision is set out herein: Para reads:
“The language of Section 28 is very wide. It does not say that the right of appeal is conferred only on the aggrieved parties. That right is conferred on all persons aggrieved by the decision of the Deputy Commissioner. Therefore the question, whether the petitioner was an aggrieved party is irrelevant. The Tribunal should have seen whether she is an aggrieved person. In B.K Ramachandra Rao v. Kamalappa (2), this Court has laid down that the words of S. 28 of the Act are so comprehensive as to include any person who is interested in the subject matter of the dispute, whether or not he is a party to the proceedings before the Deputy Commissioner; and hence a person interested though not party to the proceedings can appeal against the order of the Deputy Commissioner. The facts of the present case fall within the rule laid down in that decision.”
7. No doubt by this decision, even persons who are not parties before the Deputy Commissioner in a proceedings under Section 10 of the Act have a right of appeal provided they have an interest in the subject matter. But then to be persons interested in the subject matter of dispute, within the meaning of Section 28 of the Act in the context of abolition of an Inam, its consequences of vesting of inam in the State Government free from all encumbrances under Section 3 of the Act and the Act being a complete Code in itself i.e, creating rights, establishing a Forum for declaration of rights and establishment of an appellate authority, person interested can only mean persons whose rights are created or saved under the Inams Abolition Act or their derivative title holders or persons whose rights to lands are saved under Section 12 or 13 of the Act or their successors, when their rights are being affected by any decision of the Deputy Commissioner, whether or not they were parties before him and such persons have a right of appeal under Section 28 of the Act, but the expression “Person interested” cannot be interpreted so widely to include even others whose rights cannot be traced to any of the provisions of the Act. That is not the ratio laid down by the Division Bench judgment of this Court referred above. The question whether respondents 4 to 8 fit into the above stated categories and hence can be called as “Interested” persons within the meaning of Section 28 of the Act has to be decided by the tribunal after an enquiry in this regard. But in this case, the tribunal has failed to consider the above points and has merely proceeded to hold that “if a person has an interest in the property, that gives him sufficient “Locus” to file an appeal”, whether or not he fits into the above mentioned categories of persons. This reasoning would be widening the scope of appeal where the internment of Legislature is otherwise. Hence the impugned order is not sustainable. Accordingly it is set-aside and the matter is remitted to the file of the tribunal with a direction to re-enquire about the maintainability of the appeal in the light of the discussions made above. The tribunal shall dispose off the matter within a period of 4 months from the date of receipt of the order. Parties are entitled to produce additional documents or evidence in support of their contentions regarding maintainability. It is made clear that in other respects i.e, the orders passed on I.As I and II remains undisturbed.
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