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Supreme Court of India 2018-03-23 allowed

University of Mysore vs Rajaiah (Dead) by Lrs. & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

The University of Mysore appealed against a High Court judgment that upheld occupancy rights granted to private respondents over 22 acres of land. The Supreme Court found that the University held a valid 99-year lease deed from the President of India (1970), and the land was excluded from the Karnataka Land Reforms Act because universities are statutorily exempt. The Court found that the respondents' evidence of occupancy rights—a Land Tribunal order from 1981—was forged, actually concerning different lands in a different village. The respondents never filed valid applications for the disputed property. The University retained lawful possession. The Court set aside the High Court and appellate orders, restored the trial court judgment dismissing the respondents' suits, and quashed the fraudulent Land Tribunal order.", <parameter name="obiter">["The criminal case filed against the private respondents under Sections 465, 466, 468, 471, 120(B), 420 IPC and Section 192(a) Karnataka Land Revenue Act is pending before the 3rd JMFC Court, Mysore, and the concerned courts are requested to dispose of these cases expeditiously in accordance with law", "The Assistant Commissioner's order dated 20.1.2012 at Annexure R-6 clearly shows that the University is in possession of the said land", "A writ petition has been filed by the private respondents challenging the Assistant Commissioner's order before the High Court and is pending"]

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