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2009 Supreme(SC) 274

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Ni. Pra Channabasava D. S. Matadhipathigalu and Kannada Mutt – Appellant
Versus
C. P. Kaveeramma – Respondent


Advocates appeared:
Rama Jois, G.V. Chandrashekar, N.K. Verma and Anjana Chandrashekar, Advs
A.K. Subbaiah, S. J. Amith, Aparna Bhat and Kiran Puri, Sanjay R. Hegde, Advs.

JUDGMENT

Arijit Pasayat, J.

1. Leave granted.

2. Challenge in these appeals is to the judgment of a Division Bench of the Karnataka High Court dismissing the Writ Appeal Nos. 1936-40/2005 and 1941-48/2005 filed by the appellant while allowing the Writ Appeal No. 2202/2005 filed by the respondents.

3. The controversy lies within a very narrow compass.

The appellant claims to be the Mathadhipati of the religious institution called Kannada Muth. The dispute relates to certain lands which were granted as Jagir lands by the ruler of Koorg in 1809. The lands were allotted in favour of the predecessor of the respondents. The lands were Inam lands and the Imams stood abolished on the enactment of Karnataka Certain Inams Abolition Act, 1977 (in short the `Act'). Upon abolition of Inams, the lands stood vested with the State free from encumbrances. Since the Act is one of agrarian reform and the purpose of the Act is to benefit the original holders of the land, the holders i.e. Inamdars or their tenants were given right to claim re-grant of the land. An application was made by the institution for re-grant of the land under the Act. The respondents namely the erstwhile mortgagees also sought for r





























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