M.RAMAKRISHNA RAO, M.RAMA JOIS
SHIVAPPA M. N. – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 1 ) IN these Writ Appeals, the following question of law arises for consideration:"whether under Sec. 6a of the Karnataka (Religious and Charitable) Inams abolition Act of 1955 ('the Act' for short), an Archak is entitled to occupancy rights even if he was not cultivating the lands belonging to a religious institution for a period of three years ?"
( 2 ) THE facts of the case, in brief, are as follow :- i) The Act provided for the abolition of Religious and Charitable Inams in the area of former State of Mysore. Section 3 of the Act provided that, with effect on and from the date of vesting, all rights, title and interest vesting in the inamdar in all communal lands, cultivated land's etc. , shall cease and be vested absolutely in the State of Mysore, free from all encumbrances. Section 4 provided that, Kadim tenants cultivating the erstwhile inam lands, shall be entitled to be registered as occupants. Section 3 provided for registering the permanent tenant of erstwhile inam lands as occupants of the lands under their cultivation. Section 6 of the Act provided that every tenant of the inamdar other than a kadim tenant or a permanent tenant shall, with effect on and f
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