1990 (8) TMI 413 - SC - Indian Laws

Summary

Issues:
1. Limitation period for filing appeals.
2. Validity of the claim based on deeds of 1943 and 1945.
3. Application of Section 43 of the Transfer of Property Act.

Analysis:

Issue 1:
The appellants sought condonation of delay in filing the appeals, arguing that they had diligently pursued prior proceedings based on legal advice. However, the Supreme Court found that the delay of 1198 days was not justified. The Court noted the lack of proper affidavits or evidence to demonstrate due diligence in seeking remedies. The appeals were deemed time-barred and dismissed.

Issue 2:
The respondents claimed rights based on a deed dated 30.7.1945, which the Consolidation Officer upheld, recognizing their title. In contrast, the appellants relied on a subsequent document from 2.8.1945, following an earlier deed from 23.11.1943. The Court found that the creation of a tenancy during the existence of a prior one did not confer any rights. The circumstances surrounding the grant of patta to the respondents further supported their claim. The High Court, in quashing previous orders, highlighted errors in the lower authorities' conclusions. The Court affirmed the respondents' valid title under the 1945 deed, rejecting the appellants' claim based on the 1943 deed.

Issue 3:
Regarding the application of Section 43 of the Transfer of Property Act, the appellants argued that even if the 1943 deed was invalid, they acquired tenancy rights confirmed by the 1945 deed. However, the Court explained that Section 43 pertains to estoppel by deed, allowing a transferee to claim subsequent interests based on fraudulent or erroneous representations. Since the 1943 deed was invalid due to an existing lease, no rights were conferred upon the appellants. The Court upheld the respondents' title under the 1945 deed, rejecting the appellants' contention under Section 43.

In conclusion, the Supreme Court upheld the High Court's decision, dismissing the appeals and directing each party to bear their costs. The judgment emphasized the respondents' valid title under the 1945 deed and refuted the appellants' claims based on the 1943 deed and Section 43 of the Transfer of Property Act.