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2013 Supreme(SC) 453

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
NI PRA CHANNABASAVA DESHIKENDRA SWAMIGALU MATADHIPATHIGALU KANNADA – Appellant
Versus
C. P. KAVEERAMMA – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.:- Unsuccessful appellant in the Writ Appeal before the Division Bench of the High Court of Karnataka at Bangalore is the appellant before us. This appeal is directed against the common judgment in W.A. Nos. 1936/2005 (LR) along with W.A. Nos. 1941/2005, 1946/2005 and 2202 of 2005(LR). The appellant is a religious Mutt called ‘Kannada Mutt’. Land of 197 acres was granted as Jagir to the Mutt in Survey Nos. 9, 10, 12 and 13 of Bettegeri village, Ammathy Hobli, Virajpet Taluk, Coorg District in the year 1809 by the then Ruler of Kodagu, Sri Veerarajendra Wodeyar. By a mortgage deed dated 1.3.1955, the predecessor of present Mathadhipathi stated to have mortgaged possession of 175.60 acres out of 197 acres of lands in favour of the predecessor-in-title of the present contesting respondents. By yet another mortgage deed dated 5.4.1967, a second mortgage deed in favour of the very same parties in respect of 17 acres of land was stated to have been made. The mortgages were made for a period of 99 years.

2. Be that as it may, on 18.5.1978, Karnataka Certain Inams Abolition Act, 1977 (hereinafter called as the “1977 Act”) came into force and the




















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