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We have already noted the findings made by the High Court in the impugned judgment on the question whether the appellants could be held to be the tenants on the evidence and materials on record Ratio |
While doing so,in our view,the High Court was justified in coming to the conclusion that the evidence and material on record would clearly establish that the appellants were not able to prove that they were the tenants in respect of the scheduled land under the respondents Ratio |
One of the main criteria for deciding whether a particular person is a tenant or not is to see whether there was payment of rent,either in cash or in kind Ratio |
In this case,while rejecting the claim of the appellants,the High Court had considered that the appellants had failed to satisfy the court that any payment of rent was made either by the father of the appellants or by the appellants themselves Ratio |
The tribunals below,while accepting the case of the appellants,had relied on the entries made in the RTC record in respect of certain period Ratio |
While considering such entries,the High Court had rightly held that from the entries in the RTC record for the years 1968 to 1974,the name of the appellants was not shown as the person in cultivation of the land in dispute and also the nature of cultivation of the scheduled land was not shown as that of the tenants in ... |
That being the position,the High Court had come to a proper conclusion that the entries in the RTC extracts produced by the appellants could not support the contention that they were cultivating the land in dispute as the tenants Ratio |
In our view also,the High Court was fully justified in drawing an adverse inference against the appellants for not producing any Geni receipts or any lease agreement to show that the 5th respondent before the High Court (respondent No.3 herein) had,in fact,leased out the scheduled land in favour of the appellants or th... |
Such being the findings arrived at by the High Court with which we are in concurrence,it is difficult to hold that the tenancy claimed by the appellants in respect of the scheduled land could be established Ratio |
Considering the above aspect of the matter and after considering the scope of Section 121A of the Act,we are,therefore,unable to agree with the learned counsel for the appellants that in the exercise of revisional jurisdiction under Section 121A of the Act,the High Court was not entitled to set aside the concurrent fin... |
Such being the position,we do not find any reason to interfere with the judgment of the High Court,although the High Court,in the exercise of its power under Section 121A of the Act,had set aside the concurrent orders of the appellate authority as well as the land tribunal Ratio |
Mr ARG |
Raju,the learned counsel appearing on behalf of the appellants,however,contended before us that it was not open to the High Court,in the exercise of its revisional jurisdiction under Section 121A of the Act,to interfere with the concurrent findings of fact arrived at by the appellate authority and the Land Tribunal ARG |
In support of his contention,he had relied on a decision of this Court in the case of Dahya Lal & Ors.vs ARG |
Rasul Mohammed Abdul Rahim [1963 (3) SCR 1].1962 Indlaw SC 366 ARG |
He also relied on a decision of this Court in the case of Mohan Balaku Patil & Ors.vs ARG |
Krishnoji Bhaurao Hundre (Dead ARG |
By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 and Krishtappa Yellappa Pujar & Ors.vs ARG |
Ram Samsthan Beladhadi [(1999) 1 SCC 74].1998 Indlaw SC 1197 ARG |
In our view,so far as the decision in the case of Mohan Balaku Patil & Ors.vs ARG |
By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 is concerned,it is difficult to conceive how this decision could be of any help to the appellants ARG |
In that case,the findings recorded by the appellate authority as affirmed by the High Court by placing reliance on the entries made in the record of rights to the effect that the appellants were not in possession of the land on the relevant date nor were they cultivating the same,were not accepted by this court Ratio |
In any view of the matter,in that decision,relying on the aforesaid findings,this Court also had set aside the order made by the appellate authority as affirmed by the High Court in revision and restored the order made by the land tribunal Ratio |
If that case is of any help to the facts of the present case,it would be in favour of the respondents Ratio |
So far as Krishtappa Yellapa Pujar & Ors.vs Ratio |
Ram Samsthan Beladhadi [(1999) 1 SCC 74] is concerned,we again fail to understand that how this could be of any help to the appellants Ratio |
In that decision,it has been made clear that the High Court was entitled to interfere with the orders of the appellate authority only on question of law or irregularity in procedure and on no other aspect Ratio |
In our view,we have already held that the High Court was entitled to interfere with the concurrent orders of the tribunals below as material evidence on record was not considered at all and non consideration of the material evidence on record is a question of law and,therefore,the High Court was entitled to interfere R... |
Accordingly,this decision is of no help to the appellants Ratio |
Lastly,in our view,in view of the discussion made herein above,the decision relied on by the learned counsel for the appellant in the case of Dahya Lal & Ors.vs Ratio |
Rasul Mohammed Abdul Rahim [1963 (3) SCR 1 1962 Indlaw SC 366] need not be discussed Ratio |
There is another aspect of this matter Ratio |
Even assuming that the High Court was not justified in setting aside the concurrent findings of fact in the exercise of its revisional jurisdiction under Section 121A of the Act,then also,we are of the view that it is not a fit case where this Court should interfere with the impugned judgment of the High Court in the e... |
In Union of India & Ors.vs PRE |
Gangadhar Narsingdas Aggarwal & Anr.[(1997) 10 SCC 305],1995 Indlaw SC 1227 this Court,while declining to interfere with the order of the High Court in the exercise of its power u/art.136 of the Constitution,held that even if two views are possible,the view taken by the High Court being a plausible one,it would not cal... |
Considering the concurrent orders of the appellate authority and the land tribunal and the impugned order of the High Court,we are in agreement with the High Court because the view taken by it was plausible and therefore,the question of interference by us u/art.136 of the Constitution is not warranted Ratio |
Again in Jai Mangal Oraon vs PRE |
Mira Nayak (Smt.) & Ors.[(2000) 5 SCC 141 PRE |
2000 Indlaw SC 332,this Court had laid down that when there was nothing illegal and wrong in the reasoning and conclusions arrived at by the High Court and the same appeared to be well merited and in accordance with the interpretation of statutory provisions,this Court would not interfere with the order of the High Cou... |
We have already considered the findings made by the High Court while setting aside the concurrent orders of the tribunals below and found that the same appear to be well merited and in accordance with the material evidence on record,therefore,this Court would not interfere with the order of the High Court u/art.136 of ... |
Finally in Taherakhatoon (D) By Lrs PRE |
Vs PRE |
Salambin Mohammad [(1992) 2 SCC 635 1992 Indlaw SC 355],this Court at paragraph 20 has observed as follows : "In view of the above decisions,even though we are now dealing with the appeal after grant of special leave,we are not bound to go into merits and even if we do so and declare the law or point out the error PRE |
still we may not interfere if the justice of the case on facts does not require interference or if we feel that the relief could be moulded in a different fashion PRE |
In view of the aforesaid,we are,therefore,of the view that this is not a fit case where this Court shall interfere with the order passed by the High Court under Section 121A of the Act.19.For the reasons aforesaid,this appeal fails and is dismissed without any order as to costs RPC |
Appeal dismissed RPC |
Yakshagana' is a form of ballet dance FAC |
It has its own heritage FAC |
Indisputably,Dr FAC |
Kota Shivarama Karanth (for short,"Dr FAC |
Karanth"),a Jnanapeeth awardee,who was a Novelist,Play Writer,Essayist,Encyclopediationist,Cultural Anthropologist,Artist,Writer of Science,Environmentalist FAC |
He developed a new form of 'Yakshagana'.He was a Director of the appellant -institute FAC |
On or about 18.6.1994,he executed a Will in favour of the respondent FAC |
Dr ARG |
Karanth expired on 9.12.1997.Yakshagana Ballet dance as developed by Dr FAC |
Karanth was performed in New Delhi on or about 18.9.2001.Respondent filed a suit for declaration,injunction and damages alleging violation of the copyright in respect of the said dance vested in her in terms of the said Will stating that Dr FAC |
Karanth developed a new distinctive dance,drama troop or theatrical system which was named by him as 'Yaksha Ranga' which in his own words mean "creative extension of traditional Yakshagana" and,thus,the appellants infringed the copyright thereof by performing the same at New Delhi without obtaining her prior permissio... |
It was stated that Dr FAC |
Karanth had composed seven verses or prasangas for staging Yaksharanga Ballet apart from bringing in changes in the traditional form thereof on its relevant aspects,namely,Raga,Tala,Scenic arrangement,Costumes etc FAC |
These prasangas are: (i) Bhishma Vijaya; (ii) Nala Damayanthi; (iii) Kanakangi or Kanakangi Kalyana; (iv) Abhimanyu or Abhimanyu Vada; (v) Chitrangadha or Babruvahana Kalaga; (vi) Panchavati; and (vii FAC |
Ganga Charitha FAC |
Plaintiff -respondent admittedly claimed copyright in respect of 'literary and artistic works' in her favour in terms of clauses 11 and 12 of the said Will dated 18.6.1994,which read as under: "11 Since I left the house 'suhasa' I have been living in a specially built house "Manasa" of Smt FAC |
Malini Mallya,who has built it with borrowed money at her cost FAC |
She had joined my service as Copyist and later,she secured an employment in Life Insurance Corporation of India FAC |
Ever since 1974 till now in my old age she has been serving me with exemplary devotion and sincerity FAC |
And in this occasion I must also acknowledge with gratitude that she diligently cared and nursed my wife Leela Karanth during her prolonged illness till her last day FAC |
And she has cared and looked after me also during my illness which at times had been quite serious,enfeebling me for long period FAC |
In recognition of her devotion and sincere affection towards me in 1986 I have dedicated one of my novels namely,"Antida Aparanji" to her FAC |
I have also placed on record her invaluable services to me in my Memoirs,"Hunchu Mansina Hathu Mukhagalu" 1991 Edition FAC |
In my opinion,very long enduring and a signal service she has done to me and to my literary works is,in writing a bibliography of all my books-a highly meritorious and scholarly work involving so much of pains taking research,that it has been acclaimed and rated as the first of its kind in Kannada and highly appreciate... |
Apart from this,she has collected and edited all my stray writings from 1924 onwards up to date in eight Sumptuous volumes which are being published by Mangalore University FAC |
This work also has brought her deserving fame and appreciation of Scholars FAC |
Such painstaking service in this direction has brought to light several of my hitherto untraced,forgotten and unknown writings and thereby giving them extended or renewed lease of life FAC |
For all these services,I hereby declare that after my death copyrights in respect of all my literary works shall vest with Smt FAC |
Malini Mallya and she alone shall be entitled to receive royalties of all my books and she shall be entitled to print,publish and republish and market the same FAC |
Whatever she may earn thereby shall be her exclusive income and property FAC |
No one else shall have any right or claims for the same.12.From time to time I have distributed among my children all gold and silver jewels and ornaments and other valuables,which were gifted to me by my friends and admirers FAC |
And I have distributed all copper and bronze vessels and utensils among my children while leaving my former home "Suhasa" keeping only bare essential and necessary things and articles FAC |
Whatever movable properties,books,fittings,furniture,utensils etc.belonging to me into this house 'Manasa' and my Car and cash money in hand after my death shall go to Smt FAC |
Malini Malya only FAC |
No one else shall have any claim or right over the same FAC |
Any outstanding due to me and Bank Deposits and whatever assets or properties not mentioned above,that is,residuary after my death shall belong to Smt FAC |
Malini Mallya alone FAC |
Plaintiff-Respondent,inter alia,prayed for passing a judgment and decree against the defendants -appellants granting the following reliefs: "1.A declaration that the plaintiff is the exclusive copyright holder in respect of Yaksharanga ballets,namely,Bhishma Vijaya,Kanakangi,Nala Damayanthi,Panchavati,Gaya Charitha,Chi... |
1,000-00 2.Directing the Defendants to pay to the plaintiff damages of Rs.15,000/-towards infringement of her copyright on account of stating or performing Abhimanyu Vadha on 18-9-2001 at New Delhi FAC |
15,000-00 3.Directing the Defendants to pay to the plaintiff interest on Rs.15,000/-at 15% p.a.from 18-9-2001 till now which is 95-00 FAC |
4.Directing the Defendants to pay future interest on Rs.15,000/-at 15% p.a.till payment of the entire amount FAC |
Appellants in their written statement,however,denied and disputed any copyright of the said dance in Dr FAC |
Karanth alleging that whatever work he had done was in the capacity of a Director of the Kendra with the assistance,finance and staff provided by the Organization of Mahatma Gandhi Memorial College Trust in respect whereof a Committee was formed under him by the Board of Trustees FAC |
It was furthermore contended that Dr FAC |
Karanth was appointed as the President of the Executive Committee of Yakshagana Kendra for a period of three years by the appellant and while holding the said post only he expired FAC |
By reason of a judgment and decree dated 14.11.2003,the District Judge,Udupi decreed the said suit declaring the plaintiff -respondent as a person having the exclusive copyright in respect of seven Prasangas and that she had acquired the same by reason of a Will as a residuary legatee and the defendants -appellants or ... |
Karanth FAC |
Appellants aggrieved thereby and dissatisfied therewith preferred an appeal before the Karnataka High Court which was marked as R.F.A.No.271 of 2004 FAC |
By reason of the impugned judgment and order dated 5.12.2007,the said appeal has been dismissed FAC |
Appellants are,thus,before us FAC |
Rajiv Dhavan,learned Senior Counsel appearing on behalf of appellants in his usual fairness conceded ARG |
i ARG |
The copyright in the literary work has been assigned by reason of the said Will in favour of the respondent in terms of clause 12 of the Will ARG |
ii) Dr ARG |
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