Disputed Property Rights Can't Be Dealt With In Writ Jurisdiction, Writ Courts Can Only Take Note Of Already Established Rights: Karnataka HC

The Karnataka High Court has made it clear that contested property rights cannot be dealt with in writ jurisdiction. The writ court can at the best take notice of the property rights of the parties which are already established rights.

A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed an appeal filed by Althaf Ahamed, challenging an order of the single judge bench which refused to invalidate the gift deed executed in favour of his sisters by their mother.

The bench said “The reasoning supplied and the view taken by the learned Single Judge to dismiss the petition and further observing that if the petitioner is to succeed before the civil court, the revenue authorities would be bound to change the mutation entries to make in the name of the person who is held to be the owner of the property, is imminently just, proper and legal.”

It was stated that the single judge had dismissed the petition filed by the appellant stating the mother of the petitioner and respondent Nos.5 and 6 were the owner of the property who had executed a gift deed transferring the same in favour of respondent Nos.5 and 6.

Further, it was stated that notwithstanding whether the gift deed was valid or not and whether respondents Nos.5 and 6 had valid title over the property was to be established before the civil court.

The court also held that the revenue authorities entering the names of respondent Nos.5 and 6 was done on the basis of the gift deed. It was stated that if the petitioner were to succeed before the civil court in the proceedings he may institute, revenue entries would remain subject to the outcome of such civil proceedings.

The bench said “Dispute between the parties is essentially in relation to validity of the gift deed. This dispute involves civil rights. In the ultimate analysis, what is to be adjudicated is whether respondent Nos.5 and 6 have got valid title over the property or not and whether the Will referred to by the petitioner and alleged to have been executed fraudulently and by misrepresentation is valid or not.”

It added that a decision on all issues would require leading of evidence and determination of civil rights amongst the parties, and it involved adjudication into titular rights of the parties. The bench said that it is a trite principle that the dispute regarding property rights cannot be gone into in the writ jurisdiction and the parties have to take recourse to civil court.

It was held that the contested property rights cannot be dealt with in writ jurisdiction, and the writ court can at best take notice of the property rights of the parties which are already established rights.

When a party is claiming under the disputed Will, the writ court would not be able to adjudicate it, for, it is a matter of leading evidence, the Court held.

"In the same way when the gift deed is the derivative document, whereunder the parties claim their respective title rights and dispute one another's claims, the adjudication has to be done by the civil court. The remedy before the civil court would be proper remedy in such circumstances,” it concluded.

Following this it dismissed the appeal.

Appearance: Advocate Jagadeeshachari for Appellant.

AGA Niloufer Akbar for Respondents

Citation No: 2024 LiveLaw (Kar) 144

Case Title: Althaf Ahamed AND State of Karnataka & Others

Case No: WA 713/2023

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