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1979 Supreme(Kar) 138

PATIL, K.J.SHETTY
A. R. VENKATACHALA IYENGAR – Appellant
Versus
STATE OF MYSORE – Respondent


Advocates:
H.K.N.ACHARYA, N.BASAVARAJU, TARAKARAM, V.KRISHNA MURTHY

JAGANNATHA SHETTY, J.

( 1 ) THIS full Bench ha,s been constituted to decide the following question: whether under the provisions or by virtue of the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, there is a legal or statutory duty on the part of the State Government to collect rents payable by the tenants to be continued under Section 9a of the Act between the date of vesting and the determination of claims under Section 9a of the Act?"

( 2 ) THE reference arises out of Appeal No. 62 of 1973 which was preferred from a decree of the Civil Judge Shimoga. The appellants were the Inamdars of lands measuring about 345 acres comprised in the Inam villages of Kannur and Gowlampur situated in anandapuram Hobli, Sagar Taluk, Shimoga District. The said. Inam was abolished and vested in the Government with effect from first February 1959 consequent on the issuance of a notification dated 13th January 1959 under Section 1 (4) of the Mysore (Personal and Miscellaneous) Inams abolition Act, 1954 (hereinafter referred to as "the, Act" ). The lands were then in the occupation of tenants. The appellants and their tenants made claims for registration of occupancy rig












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