2002 (12) TMI 594 - SC - Indian Laws

Summary

Issues Involved:
1. Re-grant of land and joint family property
2. Nature of the sale deed
3. Validity of the sale under the Karnataka Village Office Abolition Act, 1961
4. Lawful possession of the suit property
5. Estoppel against the plaintiff
6. Reliefs and orders

Summary:

1. Re-grant of land and joint family property:
The plaintiff claimed that the land was re-granted to him and defendant no.3 on behalf of the joint family. The trial court found that the re-grant benefited the entire family, a position accepted by the respondents' counsel based on precedents such as *Nagesh Bisto Desai v. Khando Tirmal Desai* and *Kalgonda Babgonda Patil v. Balgonda Kalgonda Patil*.

2. Nature of the sale deed:
The plaintiff alleged that the sale deed executed by defendant no.3 was actually a mortgage. The trial court concluded that it was a sale and not a mortgage.

3. Validity of the sale under the Karnataka Village Office Abolition Act, 1961:
The plaintiff argued that the sale was void under the Act. The trial court held that the sale on behalf of defendant nos. 4 to 6 was a nullity due to lack of proper authorization.

4. Lawful possession of the suit property:
The trial court found that the plaintiff and his sons were in lawful possession of the property, and the evidence provided by the defendants was insufficient to prove otherwise.

5. Estoppel against the plaintiff:
The High Court applied the rule of estoppel, noting the plaintiff's conduct and participation in various proceedings, including those before the Land Tribunal. The plaintiff's claim of ignorance was not accepted due to his joint living arrangement with defendant no.3 and his involvement in related litigations.

6. Reliefs and orders:
The trial court granted the plaintiff's reliefs for declaration of ownership and injunction. However, the High Court reversed this, applying estoppel and noting the plaintiff's delayed challenge to the 1972 deeds. The Supreme Court upheld the High Court's decision, emphasizing the estoppel principle and dismissing the appeals.