33 years later, Karnataka High Court discovers case was filed by a dead man

Justice ES Indiresh noted that the daughters had failed to disclose the fact that C Mariyappa had died in 1988.

Subsequently, the proceedings began before the Tribunal, and the case was scheduled for enquiry on September 21, 2022, after which no sitting was held before the Land Tribunal. Mariyappa’s legal representatives—his daughters Sumalamma, Tulasamma, and Venkatalakshmamma claimed that on November 2, 2022, the case was not called and thereafter, no notice of hearing was issued to them.

According to the judgment, the final order was passed on March 11, 2023, after which the daughters filed a fresh writ petition challenging the order of the Land Tribunal, alleging that the order was passed “behind their back” and without giving them “an opportunity of being heard”.

‘Passed away’

Advocate KN Nitish, appearing for the daughters, contended that the entire proceedings were conducted behind the back of the daughters.

Senior Advocate PP Hegde representing the respondents contended that, on July 22, 1987, C Mariyappa had executed a Power of Attorney in favour of one Badruddina Khan and C Mariyappa, passed away in 1988 and, consequently, the effect of the Power of Attorney was “terminated by operation of law”.

The counsel further contended that the entire proceedings before the court were non existent in law, as in the 1993 case the order was passed in the year 2001 which was “nearly 13 years after the death of C. Mariyappa”. The counsel urged that since the appeal against the Land Tribunal order of 1981 was bad in law, the occupancy rights given by the Tribunal to C Ningamma, would be revived.

‘Deliberately withheld’

Regarding the 1993 case, the high court noted that “it is rather strange as to how the writ petition came to be filed before this Court in the name of C. Mariyappa, represented by his Power of Attorney holder, Sri. Badruddin Khan”.

The court observed that after seeing the affidavit filed by one of the daughters before the Land Tribunal, it became clear that the date of death of C Mariyappa had been “deliberately withheld” and that “the petitioners have continued the proceedings before the Land Tribunal without making a full and candid disclosure of the material facts”.

Rejecting the claim of the daughters, Justice Indiresh noted that since the original power of attorney stood terminated upon Mariyappa’s death in 1988, the 1993 writ petition was “contrary to law” and the subsequent 2001 remand order invalid. Consequently, the Land Tribunal’s initial 1981 order granting occupancy rights to Ningamma attained finality.