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2020 Supreme(SC) 345

DEEPAK GUPTA, ANIRUDDHA BOSE
STATE OF KARNATAKA – Appellant
Versus
Y. MOIDEEN KUNHI (D) BY LRS. – Respondent


Advocates Appeared:
for the Appellant :V. N. Raghupathy, Advocate
For the Respondent:Radha Shyam Jena, J. M. Khanna, Sakshi Kakkar, Advocates.

JUDGMENT

Aniruddha Bose, J.

The State of Karnataka is in appeal before us primarily assailing a common judgment of the High Court of Karnataka delivered on 7th November, 1990 confirming a decision of the Tribunal under the Karnataka Land Reforms Act, 1961 treating a large part of an estate held by the respondents as plantation land. The effect of such treatment would be that such land under plantation would be exempted from the restrictions on holding imposed under that statute. Such exceptions have been laid down under the provisions of Section 104 of the said Act. The dispute involved in this appeal originated from a declaration filed by three individuals, being Y. Moideen Kunhi (in some documents referred to as Noideen Kunhi), Y. Mohammed Kunhi and Y. Abdulla Kunhi under Section 66(4) of the said Act on 5th December, 1975. As would be evident from the copy of a sale deed made annexure "P-I" to the Special Leave Petition, the subject land was purchased by Y. Mohideen Kunhi and Company, a registered partnership firm by the said deed registered on 24th January, 1957 for a conside


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