AIR 2010 SUPREME COURT 991 ::2010 AIR SCW 1435 ::2010 (2) AIR Kant HCR 193 ::2010 (2) AIR Kar R 193 ::(2010) 1 WLC(SC)CVL 364 ::(2010) 2 All RentCas 306 ::2010 (3) SCC 214 ::(2010) 2 Scale 459 ::(2010) 80 All LR 23 ::(2010) 4 ICC 264 ::(2010) 3 Kant LJ 161 ::(2010) 3 Raj LW 2008 ::(2010) 89 AllIndCas 207 (SC)

Supreme Court Of India

Hon'ble Judge(s): Altamas Kabir, Cyriac Joseph , JJ

(A) Limitation Act (36 of 1963) , Art.58— Suit for declaration, partition, and permanent injunction - Filed by petitioners in respect of properties which were subject matter of order of Land Reforms Tribunal - Notice of proceedings by 'A' for grant of occupancy rights was given in concerned village - Father of petitioners was quite aware of orders of Tribunal - Petitioners, alleged to have knowledge of grant of occupancy rights by Tribunal in favour of 'A' - 'A' sold some of lands in favour of respondents - Suit by petitioners filed 30 years after order of Tribunal, when Respondent purportedly attempted to disturb their possession - Seeking declaration that said order of Tribunal was illegal and did not bind petitioner - Held, was barred by limitation. (Para 26 28) (B) Karnataka Land Reforms Act (10 of 1962) , S.132(2), S.133(1)— Bar of jurisdiction - Suit for declaration - Question involved was whether respondent claiming to be in possession of land was occupancy tenant or not - And whether land-owner had given consent to such claim - Is in domain of Land Tribunal - Civil Court has no jurisdiction to decide such question. Civil P.C. (5 of 1908) , S.9— (Para 30) .....