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Supreme Court of India 2017-04-10 allowed

M. Sankaranarayanan & Ors vs Deputy Commissioner, Bangalore & Ors

Bench: 2 — Deepak Gupta

In Brief

In 1900, Lancelot Ricketts sold a 24-acre property ("Beaulieu" estate) in Bangalore to the Dewan of Mysore on behalf of the First Princess, paid from her personal funds. In 2004, after 104 years, the State of Karnataka alleged the transaction was fraudulent and initiated proceedings under Section 67 of the Karnataka Land Revenue Act to recover the land. The occupants challenged this. The Supreme Court held that Section 67 applies only to lands not owned by individuals; it cannot be used to dispute title of property held for over 100 years with documentary evidence. The proceedings were beyond limitation and without jurisdiction. Fraud was not pleadable without proof. The State's own acquisitions of portions of the estate, acknowledging individual ownership, undermined fraud claims. The Court restored the High Court's Single Judge's order quashing the proceedings and allowed the appeals.

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Land Law Property Rights Administrative Law Constitutional Law Jurisdiction Limitation Fraud and Misrepresentation Revenue Law

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