Appeal Nos
2914 16 of 1993 etc
From the Judgment and Order dated 2331993 and 29 3 93 of the Madras High Court in WP Nos 1508191 800292 and 1606891
WITH Civil Appeal Nos
293793 3040 40A B93 3026 2793 302593 990 3015 2493 302893 308493 300293 303293 2993 9493 3003 0493 3086 8793 299593 3005 0793 2987 8993 301493 3008 1093 3086 8793 2940 4193 3011 301 IA93 2998 300093 298693 3101 0793 299293 310893 2982 82A93 2983 8593 3029 3193 3093 9493 2943 4493 991 2955 5793 2996 9703 3042 308093 303593 303993 304193 309593 3033 3493 3090 9293 3096 9793 298193 3088 8993 297993 2976 7793 2960 6193 299093 296893 2958 5993 297193 297893 297293 294293 3082 8393 2969 7093 2965 6793 299193 992 2973 7593 3036 3893 2962 6493 308593 3127 2993 3012 1393 301893 2938 3993 299093 2945 5493 WITH Special Leave Petition CIVIL Nos 7375 8009 11 8108 7416 7560 62 OF 1993
Shanti Bhushan KK Venugopal Soli J Sorabjee N Santosh Hegde Shivasubramaniam
K Parasaran P Chidambaram Mrs Revathy Raghavan MA Krishna Moorthy Kailash Vasdev Pawan Kumar B Rabu Manohar Dr A Francis Julian For Ms Arputham Aruna and Co P Chandrasekhran Aruneshwar Gupta A Chandrasekar Pushpendra Singh Bhati V Ramajagadesan V Balachandran V Krishnamurthy KV Vijaya Kumar Ajit Kumar Sinha Selvar thenave Martin KV Mohan R Mohan R Nedumaran and PD Dinakaran for the Appellants
PR Seetharaman for the Respondents
The Judgment of the Court was delivered by KULDIP SINGHJ
These bunch appeals are by the Teachers Training Institutes in the State of Tamil Nadu
They claim to be the minority educational institutions in terms of Article 301 of the Constitution of India
The State Government has declined to recognise these institutes on lie ground that they have failed to satisfy the conditions for grant of recognition as provided under the Tamil Nadu Minor 993 ity SchoolsRecognition and Payment of Grants Rules 1977 as amended by the Government Order No 536 dated May 17 1989 and Government Order No 861 dated June 12 1991
Recognition Rules The appellants challenged before the Madras High Court by way of writ petitions under Article 226 of the Constitution the validity of the Recognition Rules
inter alia on the rounds that the said Rules are violative of Articles 301 and 14 of the Constitution of India
A Division Bench of the High Court consisting of M Srinivasan and Thangamani JJ dismissed the writ petitions
M Srinivasan J who spoke for the Bench has given a scholarly judgment
The case law on the subject has been dealt with in detail and the conclusions culled out succinctly
The High Court judgment has been of utmost assistance to us
These appeals via special leave are by the Teachers Training Institutes against the judgment of the Division Bench of the High Court
We announced our conclusions in these matters dismissing the appeals and special leave petitions on May 25 1993
Now we proceed to give our reasoned judgment
The Recognition Rules provide for instructions and teaching practice to be followed minimum qualifications for teaching and non teaching staff and the following additional Conditions to be satisfied by a teachers training institute to quality for grant of recognition 1The Teachers Training Institute should have at least 10 acres of suitable land of its own to he used for construction of Building for Institution and Administration and for Hoste l accommodation and staff quarters and also for Play Ground purposes 2The Institution Building must consist of suitable rooms to provide for class rooms with roughly 60 sq
feet of carpet area per inmate one Auditorium cum projection hall with an area of about 2000 Sq
Laboratory and Special Rooms
Library Staff rooms separately for Men and Women staff Principal s Room Off ice Room Store Room for Craft and Physical Education articles
Toilet facili ties separately for men and women and women s Common Room 3Bath rooms and toilets should be provided
if the Institution is meant for both sexes separate Such facilities should be provided for 994 men and women teaching staff non teaching staff and men and women candidates
As far as bath rooms and toilets are concerned arrangements should he made at the rate of one for ten inmates
4a Adequate furniture and office equipment including furnitures for class rooms Library Laboratory and other rooms should be provided to the value of at least a lakh of rupees bLaboratory equipments worth at least a lakh of rupees should be provided for Science Geography Home cTeaching appliances
audio visual aids charts maps etc
worth about Rs 50000 should be provided
dSportsGamesArtsMusic Equipments worth about Rs should be provided
eEquipment and Material for work experience worth about Rs 50000 should be provided
5A room with a space of approximately 1000 sq
with sufficient storage space to keep the equipment furnishing to organise various learning situations and provision to observe the trainees at work in the laboratory situations
without being noticed has to be provided
Sufficient furnitures such as working tables and almirahs should be provided
Each Teacher Training Institution should have a good library with at least 10000 volumes of back and reference books worth at least a lakh of rupees 7
Play ground space for sports gymnastics and other Physical Education activities with an area about 5 acres should be provided
If the Institute is meant for both sexes another 3 acres of and should he provided exclusively for women candidates
The Play ground should he provided adjacent to the main Institution building within the campus and not in a remote place away from the Institution 995 8
At least one full fledged recognised Middle School with Standards I to VIII should be functioning under the same management of every Teacher Training Institute seeking recognition for the purpose of providing teaching practice to the trainess
This will be a precondition even at the time of sending in applications for recognition of Teachers Training Institutes
The practical aspects of the Training will be assessed by a competent board to be constituted by the concerned authority
a The need for the opening of the institution in that area will be assessed by a District Committee with a Joint Director nominated by Director of School Education as Chairman with Chief Educational Officer and District Educational OfficerInspectors of Girls Schools as members as the case may
This committee will submit a report about satisfaction of norms based on which the competent authority will consider Recognition for the institution b The Authority competent to grant recognition shall take into account the need for granting such recognition to Teacher Training Institutes taking into consideration the trained teachers already available and waiting for appointment and potential to
absorb the Teachers to be trained in future in the services of Government and Private Schools
There should he economic strength as prescribed by the education department
The teachers training institutes should not admit more than forty students in all for the course and should not exceed this limit either in the first or second year
It was argued before the High Court that as the minorities have a fundamental right under Article 301 of the Constitution to establish and administer educational institutions of their choice the conditions provided under the Recognition Rules are wholly arbitrary and have been designed to oust the appellants from the educational fieled and the provisions regarding having a middle school 
ten acres of land play grounds library with 10000 books laboratory hostel staff quarters bathrooms for students etc
are so onerous that it is difficult rather impossible to comply with the same
996 While dealing with the argument based on Article 301 of the Constitution of India the High Court discussed in detail the judgments of this Court in Kerala Education Bill1959 SCR 995 Rev
Sidhajbhai Sabhai  Ors
vs State of Bombay and Anr   S Azeez Basha vs Union of India   State of kerala etc vs Very
Rev Mother Provincial etc    Regina vs St Aloysius Higher Elementary School and Anr 19711 Supp
SCR 6
The Gandhi Faiz e am College Shahjahanpur vs University of Agra and Anr
 19751 2 SCC 283 Lilly
Kurian vs Sr
Lewina and Ors  1 979 1 SCR 820All Saints High School Hyderabad etc
vs Government of Andhra Pradesh  Ors
etc   The Managing Board of the Milli Talimi Mission Bihar Ranchi  Ors
vs The State of Bihar  Ors   AP Christians Medical Educational Society vs Government ofAndhra Pradesh and Anr   Frank Anthony Public School Employees Association vs Union of India and ors19864 SCC 707All Bihar Christion Schools Association andAnr
vs State of Bihar and Ors  1 988 1 SCC 206 St Stephen s College vs The University of DelhiJT 19914 SC 548 Unni Krishnan andAnr
vs State ofAndhra Pradesh and Ors
Writ Petition C No 60792 decided on February41993 and TheAhmedabad St Xaviers College Society  Anr
vs State of Gujarat and Anr 1 975  1 SCR 173
On the analysis of the above judgments the High Court culled out the following principles 1The fundamental right declared by Article 301 of the Constitution is absolute in terms but subject to regulatory measures  2There is no fundamental right under Article 191 g of the Constitution to establish or administer an educational institution if recognition is sought therefor 3 The institutions must be educational institutions of the minorities in truth and reality and not mere masked phantoms 4 There is no fundamental right to recognition and any institution seeking recognition should abide by the regulationsprescribed by the State as conditions therefor 5The minority institutions must be fully equipped with educational excellence to keep in step with other institutions in the State 6 The regulations framed by the State cannot abridge the fundamental right of the minorities and they should be in the interests of 997 the minority institutions themselves and not based on State necessity or general societal necessities 7 The regulations should be with a view to promoting excellence of educational standards and ensuring security of the services of teachers and others employees of the institutions and in the true interests of efficiency of institutions discipline health sanitation morality public order and the like 8 Even unaided institutions are not immune from the operations of general laws of the land such as Contract Law Tax measures Economic Laws Social Welfare Legislations Labour and Industrial Laws and similar other laws which are intended to meet the need of the Society No fault can he found with the above quoted legal principles enunciated by the High Court
Mrs Kitty Kumar Manglam
Mr Shanti Bhushan Mr KK Venugopal
Mr K Parasaran Mr P Chindambram and other learned counsel appearing for the appellants fairly conceded that the High Court has correctly summed upthe conclusions arising out of the interpretation of Article 301 of the Constitution of India
Before dealing with the Recognition Rules the High Court referred to the Guidelines framed pursuant to the National Educational Policy introduced in the year 1986 the recommendations of the Education Commission 1964 1966 the role of the National Council for Teacher Education under the National Council of Educational Research and Training the views of various eminent educationists and came to the conclusion that there is a need for drastic change in the basic concept of teachers training in the country
Comprehensive overhauling of administrative structure of these institutions was urgently needed
The High Court dealt with in detail the revised syllabus for the diploma in teacher education course and also the curriculum of the institutes of Education Training set up by the Tamil Nadu Government which shows that the Stateof Tamil Nadu is in the process of overhauling the methodology of teaching and administration of the teachers training institutes in the State of Tamil Nadu
The High Court referred to various judgments of this Court wherein the importance of teacher training and need to uplift the standard of such institutions was repeatedly highlighted
The High Court rightly emphasised the need for maintaining very high standards of Education Sports administration and maintenance of the Teachers 998 Training Institutes
These Institutions are established with the avowed object of training teachers and educationists who have to shoulder the responsibility of moulding the nation
This Court in NM Nageshwaramma vs State of Andhra Pradesh  Anr
1986 Supp SCC 166 observed as under The Teachers Training Institutes are meant to teach children of impressionable age and we cannot let loose
on the innocent and unwary children teachers who have not received proper and adequate training
True they will be required to pass the examination but that may not be enough
Training for a certain minimum period in a properly organised and equipped Training Institute is probably essential before a teacher may be duly launched Jagannatha Shetty J speaking for this Court in Andhra Kesari Education Society vs Director of School Education  Ors JT1988 4 SC 431 observed as under Though teaching is the last choice in the job market the role of teacher is central to all processes of formal education
The teacher alone could bring out the skills and intellectual capabilities of students
He is the engine  of the educational system
He is a principal instrument in awakening the child to cultural values
He needs to be endowed and energised with needed potential to deliver enlightened service expected of him
His quality should be such as would inspire and motivate into action the benefitter
He must keep himself abreast of ever changing conditions
He is not to perform in a wooden and unimaginative way
He must eliminate fissipasrous tendencies and attitudes and infuse nobler and national ideas in younger minds
His involvement in national integration is more important indeed indispensable
It is therefore
needless to state that teachers should be subjected to rigorous training with rigid scrutiny of efficiency
It has greater relevance to the needs of the day
The ill trained or sub standard teachers would be detrimental to our educational system if not a punishment on our children
The Government and the University must therefore take care to see that inadequacy in the training of teachers is not compounded by any extraneous consideration
 In State of Maharashtra vs Vikas
Sahebrao Roundale  Ors
JT 1992 5 999 SC 175 K Ramaswamy J speaking for this Court observed as under The teacher plays pivotal role in moulding the careercharacter and moral fibres and aptitude for educational excellence in impressive young children
The formal education needs proper equipment by the teachers to meet the challenges of the day to impart lessons with latest technics to the students on secular scientific and rational outlook
A well equipped teacher could bring the needed skills and intellectual capabilities of the students in their pursuits
The teacher is adorned as Gurudevobhava next after parents as he is a Principal instrument to awakening the child to the cultural ethos intellectual excellence and discipline
The teachers therefore must keep abreast ever changing technics the needs of the society and to cope up with the psychological approach to the aptitudes of the children to perform that pivotal role
In short teachers need to he endowed and energised with needed potential to serve the needs of the society
The qualitative training in the training colleges or schools would inspire and motivate them into action to the benefit of the students
For equipping such trainee students in a school or a college all facilities and equipments are absolutely necessary and institutions bereft thereof have no place to exist nor entitled to recognition
In that behalf compliance of the statutory requirement is insisted upon
Slackening the standard and judicial fiat to control the mode of education and examining system are detrimental to the efficient management of the education
 The teacher education programme has to be redesigned to bring in a system of education which can prepare the student teacher to shoulder the responsibility of imparting education with a living dynamism
Education being closely interrelated to life the well trained teacher can instill anesthetic excellence in the life of his pupil
The traditional stereotyped
lifeless and dull pattern of chalk
talk and teach method has to be replaced by a more vibrant system with improved methods of teaching
to achieve qualitative excellence in teacher education
Keeping in view the National Policy of Education the Government of Tamil Nadu has published a revised syllabus for the diploma in teacher education course
in the Government Gazette of August 15 1990
The aims and objectives of the said syallbus and curriculum as given by the State of Tamil Nadu are as under 1000 LM15 A sound Programme of Elementary Teacher Education is inevi table for the qualitative improvement of Education
Education must become all effective instrument of social change and the part played by the teacher should be suitable and significant for this purpose
The gap between the Teacher Education curriculum and the school curriculum has to he minimized for enabling the teachers to act as agents of social change which necessitates that the education imparted in schools has relevance to the personal as well as social life of individuals and to the needs and aspirations of the people
In order to be a catalyst in the process of developing a citizen who is productive and who believes in social justice and national integration tile teacher himself needs to become such a citizen through appropriate learning experience
 The High Court has examined the legality of the impugned Recognition Rules in the above background
It has discussed in detail the object and utility of laying down the impugned conditions for recognition
The High Court has found that none of the conditions infract Articles 14 and Article 301 of the Constitution of India
We agree with the reasoning and the conclusions reached by the High Court
This Court cannot go into the question as to whether a Teachers Training Institute should be set up on a campus consisting of 10 acres or 5 acres
It is also not for this Court to lay down the sizes of the class rooms
laboratories number of  toilets or the number of books to he kept in the library
It is entirely for the State Government to lay down tile requirements of a teachers training institute campus
The learned Advocate General appearing for the State of Tamil Nadu has contended that the Recognition Rules are also applicable to Government run teachers training institutes and also to the institutes which are Government aided
According to him the new Recognition Policy of the Government has been designed with the object of closing the teaching shops and encouraging the genuine institutions
According to him the policy is based on the Guidelines issued by the Central Government from time to time
He further stated that the condition of having an area of 10 acres for the campus has now been reduced to five acres in case of the institutions which are set up within the area of Municipal Corporation
He has clarified that the only requirement for setting up the library is that it must have reference books worth at least a lakh of rupees
According to him the number of toilets
bathrooms etc
and other conditions regarding the institute building are in the nature of guidelines and are to he substantially complied with
On our suggestion the learned Advocate General has agreed to command to the State Government
not to insist on additional 3 acres of land in case of  co 1001 educational institutes in case these institutes are having 10 acres5 acres of area as provided under the Recognition Rules
Mr Shanti Bhushan appearing in civil appeals arising out of Special Leave Petitions No 6762 6393 has contended that the appellants institutes started functioning in the year 1984
They were refused recognition and as such they challenged the order by way of a writ petition before the High Court
The learned counsel has invited our attention to the judgment of the High Court dated November 3 1987 in the said writ petition wherein it is held as under Consequently the orders of the respondents 2 and 3 are set aside a writ of mandamus will issue directing the third respondent to grant recognition to the petitioner institute with effect from 27th September 1984
This writ petition is allowed with costs
 Mr Shanti Bhushan contended that the impugned Recognition Rules cannot be made applicable to the institutions which have already been established and given recognition by the State Government under directions of the Court
Relying upon the above quoted judgment of the High Court learned counsel has contended that his clients were given recognition with effect from 1984 under the directions of the High Court and as such the impugned Recognition Rules which came into force in the year 1989 cannot be made applicable to them
It is not disputed by Mr Shanti Bhushan that under the directions of the High Court temporary recognition was given to his clients though according to him the order of the Government granting temporary recognition was challenged before the High Court and the said petition was also disposed of by the impugned judgment
We see no force in the contention of the learned counsel
All those institutes which did not have permanent recognition before the issue of the Recognition Rules are bound to comply with the said conditions before they are entitled to permanent recognition
The High Court was justified in holding that the institutions which were operating on the basis of temporary recognitions either under the orders of the Courts or otherwise shall to comply with the recognition rules to enable them to earn recognition
Mr KK Venugopal contended that a distinction has to be made between the institutions which are functioning earlier to the coming into force of the recognition rules and those which have applied for recognition for the first time
According to him change over period should be given to the existing institutes which are functioning on the basis of temporary recognition
We do not agree with Mr Venugopal
The training institutes which are functioning on the basis of 1002 temporary recognitions are neither properly organised nor fully equipped to train the teachers
These institutes have done more harm than good to the cause of education
Mr Venugopal and Mr K Parasaran have further argued that the students who have already taken the examinations their results be directed to be declared and if successful certificates be awarded to them
Mr Chindambram appearing for some of the appellants has argued that there are students who have already taken the examination and their results have also been declared but they have not been given certificates on the ground that the institutes which sponsored them have not been recognised
It is no doubt correct that temporary recognitions have been granted to some of the institutions either under the orders of the Court or otherwise and the students of such institutions were permitted to write the examinations
In number of cases under orders of the Court permission to the students to write the examinations have been given
The High Court also directed in some cases to publish the results of the students who wrote the examination in April 1992
All these situations were brought to the notice of the High Court in Writ Petition No 3674 of 1992 and Writ Petition No 5469 of 1993 which were heard together
The High Court refused to grant relief to the students who had written the examination or who had passed the examination and were being denied the certificates
The High Court observed as under Based on the above orders learned counsel for the petitioner contends that the students of the petitioner Institution have validly written the examination when the order of recognition was in force and the results of the examination have already been published pursuant to the orders of this Court
It is contended that the students of the petitioner are certainly entitled to the consequential relief of issue of certificates
Another interlocutory application is now filed in WMP No 5469 of 1993 on 22293 for a direction to the third respondent to publish the results of the students who wrote the examination held in July 1992
In similar cases we have given directions to the authorities to publish the results
But we have taken care to observe that such publication of results will not confer any right on the students as the Institutions have not complied with the rules framed in GOMS
No 536
They cannot take advantage of the interim orders passed by this court directing the government to grant temporary recognition Orders of such temporary recognition 1003 are expressly made subject to the result of the main writ petitions
Now we have held that GO Ms No 536 is valid and the orders of temporary recognition will not confer any other remedies on the students of the petitioner
So far as these institutions are concerned they should be treated only as non recognised
Just because the students have written the examinations and results are published they are not entitled to any further relief
The writ petition is dismissed with the above observations
It has come to the notice of this Court that many institutions claiming themselves to be minority institutions within the meaning of Article 301 of the Constitution invoke the jurisdiction of the High Court under Article 226 or of this Court under Article 32 for a writ of mandamus to recognise the institutions in question as minority institutions and pending the final disposal of such applica tions an interim direction is sought to allow the students of such institutions to appear at the examinations concerned
In connection with such interim prayer this Court in the case of A P Christians Medical Educational Society vs Government of Andhra Pradesh supra said Shri KK Venugopal learned counsel for the students who have been admitted into the MBBS course of this institution pleaded that the interests of the students should not be sacrificed because of the conduct or folly of the management and that they should be permitted to appear at the University examination notwithstanding the circumstance that permission and affiliation had not been granted to the institution
He invited our attention to the circumstance that students of the Medical college established by the Daru Salam Educational Trust were permitted to appear at the examination not with standing the fact that affiliation had not by then been granted by the University
Shri Venugopal suggested that we might issue appropriate directions Lo the University to protect the interests of the students
We do not think that we can possibly accede to the request made by shri Venugopal on behalf of the students
Any direction of the nature sought by Shri Venugopal would be in clear transgression of the provisions of the University Act and the regulations of the University
We cannot by our fiat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself
We cannot imagine anything more destructive of the rule of law that a direction by the court to disobey the laws
 1004 In view of the aforesaid pronouncement of this Court the High Court should not have passed interim order directing the respondents to allow the teachers of unrecognised institutions to appear at the examinations in question
Such teachers cannot derive any benefit on basis of such interim orders when ultimately the main writ applications have been dismissed by the High Court which order is being affirmed by this Court
The same view has been expressed by this Court in connection with the minority unrecognised teachers training institutions in the State of Tamil Nadu itself in the case of State of Tamil Nadu and others vs St Joseph Teachers Training Institute and another 1991 3 SCC 87
As such no equity or legal right can be pleaded on behalf of the Teachers admitted for training by such minority institutions for publication of their results because they were allowed to appear at the examinations concerned during the pendency of the writ applications before the High Court on basis of interim orders passed by the High Court which were in conflict with the view expressed by this Court in the aforesaid cases
We see no ground to differ with the view taken by the High Court
This court in NM Nageshramma s case supra has held that training in a properly organised and equipped training institute is essential before a candidate becomes qualified to receive teachers training certificate
Simply passing the examination is not enough
The future teachers of the country must pass through the institutions which have maintained standards of excellence at all levels
We see so ground to interfere with the impugned judgment of the High Court
We agree with the views expressed by the High Court on various aspects of teachers training institutes
We also agree with the reasoning and the conclusions reached by the High Court
Before we part with this judgment we consider it necessary to strike a note of caution in respect of passing of interim orders by Courts directing the students of unrecognised institutions to appear at the examinations concerned
In view of  the series of judgments of this Court the Courts should not issue fiat to allow the students of unrecognised institutions to appear at the different examinations pending the disposal of the writ applications
Such interim orders affect the careers of several students and cause unnecessary embarrassment and harassment to the Authorities who have to comply with such directions of the Court
It is a matter of common knowledge that as a part of strategy such writ applications for directions to recognise the institutions in question and in the meantime to allow the students to appear at the examinations are filed only when the dates for examinations are justified
Many of such institutions are not only masked phantoms but are 1005 established as business ventures for admitting sub standard students without any competitive tests on basis of considerations which cannot serve even the interest of the minority
There is no occasion for the Courts to be liberal or generous while passing interim orders when the main writ applications have been filed only when the dates for the examination have been announced
In this process students without knowing the design of the organisers of such institutions become victim of their manipulations
The appealsspecial leave petitions are dismissed
No costs
RP Appeals dismissed


Summary:
Basappa Bheemappa Kas the Watandar of the disputed agricultural lands admeasuring 4 acres and 6 acres 26 guntts in Kubihal Village in Kundgol Taluk of Dhwarwad District which became a part of Karnataka State in 1956
In 1950 he leased the disputed lands to appellant 1 and the father of appellant 2 for their personal cultivation
With the coming into force of the Bombay paragana and Kulkarni WatansAbolition Act 1950 the lands were resumed by the State of Bombay Bheemappa applied under this Act for regrant of the wattan land and the Dy
Commissioner of Dhawad District made the regrant in his favour on 30111968
On 3131969 he sold the land to appellant No 1 and the father of appellant No 2 under a registered sale deed
The land tribunal under the Karnataka land Reforms Act 1961 found it unnecessary to register the occupancy rights of the appellants in view of the sale
In 1976 respondent field a suit against Bheemappa and 2 other brothers for partition to the disputed property and separate possession
He impleadcd appellants 1 and 2 as defendant in the suit since they were in possession of the disputed lands
He contended that Bheemappa had sold the lands without the prior consent of his brothers and for nor legal necessity
of the family and the sale was void ab initio
780 The Munsiff Court granted a decree in favour of the respondent on its finding that the disputed funds were Hindu joint family properties that the sale as void ab initio for tile reasons stated  and that the plea if the defendants appellants that if the sale was void the tenancy revived as unacceptable
The Munsiff Court and in appeal the Civil Judge concurrently held that the sale was void since sale it  fragments was prohibited under the Karnataka prevention of Fragmentation Act 1966
A regular second appeal before the High Court was dismissed in limine
The appellants contended before this Court that if the sale was ab initio void the agricultural tenancy of the appellant revived
For the respondents it was submitted that the tenancy on lease hold rights in the disputed lands held by the appellant got merged in tile sale effected in their favour
When that sale was found to be void it did not have the effect if reviving the merged tenancy of the appellantsas would restore their tenancy right in the disputed lands
Allowing the appeal this Court HELD 1 Tile tenants being the persons deemed to be in possession of the disputed lands and entitled to continue in possession thereof a partition decree could have been granted in respect of such tenanted lands only if permissible by law
784 H 2 The courts below having found that the sale deed was void because Bheemappa could not having sold the undivided interest of his brother only his 14 undivided interest in the disputed lands had to be regarded as having been sold by him
784 H The lessors  entire interest or entire reversion in the disputed lands cannot therefore be regarded us having been sold under the sale deed of 31 st March 1969
From this it follows that the lease hold interests of the leases and the lessors entire reversion could not have merged in one and the same person so as to constitute merger envisaged under section 111d of the Transfer of Property
Act 1982
For constituting merger under that procession the interests of the lessee and the interests of the lessor in the whole of the 781 property had to vest at the same time in one person in the same right
785 BC The tenancy rights of the appellants in the disputed lands was not affected or disturbed by the sale deed of 31st March 1969 and it is unnecessary to consider the question of revival of the right of tenancy of the appellants in the disputed lands
785 D 3
Case remitted to the Court of Munsiff at Kundgol Dharwad District to decide the claim for partition if the disputed lands had continued as tenanted lands as found by this Court
785 E