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Karnataka High Court
SRI DHARMARAYASWAMY TEMPLE (BY THE COMMITTEE OF DHARMADARSHIS) - Appellant
Versus
CHINNATHAYAPPA and OTHERS - Respondent
Decided On : 10-12-90
W.P. : 12850 of 1989
The court held that the land tribunal erred in granting occupancy rights to the respondents under the Land Reforms Act, 1961, as the respondents had been found to be in unlawful possession of the land in question in earlier proceedings under the Mysore (religious and charitable) inams abolition Act, 1955. The court held that the findings in the earlier proceedings were binding on the land tribunal and that the respondents could not claim to be deemed tenants under the Land Reforms Act based on their unlawful possession.
Fact of the Case:
The petitioner, a religious temple, challenged the legality of an order of the land tribunal granting occupancy rights to the respondents in respect of land in sy. No. 79 of neelasandra village, Bangalore north taluk. The respondents had claimed occupancy rights under the Karnataka Land Reforms Act, 1961, on the ground that they were tenants cultivating the land as on the appointed date under that act. The petitioner contended that the respondents' claim was barred by the earlier proceedings under the Mysore (religious and charitable) inams abolition Act, 1955, in which the respondents' claim for occupancy rights had been rejected and their possession of the land had been found to be unlawful.
Finding of the Court:
The court held that the land tribunal had the jurisdiction to adjudicate upon the respondents' claim for occupancy rights under the Land Reforms Act, but that the tribunal erred in granting occupancy rights to the respondents in view of the findings in the earlier proceedings under the inams abolition act. The court held that the findings in the earlier proceedings were binding on the land tribunal and that the respondents could not claim to be deemed tenants under the Land Reforms Act based on their unlawful possession.
Issues: 1. Whether the land tribunal had the jurisdiction to adjudicate upon the respondents' claim for occupancy rights under the Land Reforms Act, 1961. 2. Whether the findings in the earlier proceedings under the Mysore (religious and charitable) inams abolition Act, 1955, were binding on the land tribunal. 3. Whether the respondents could claim to be deemed tenants under the Land Reforms Act based on their unlawful possession.
Ratio Decidendi: 1. The court held that the land tribunal had the jurisdiction to adjudicate upon the respondents' claim for occupancy rights under the Land Reforms Act, 1961, as the act did not annul or provide for abatement of orders under the repealed enactments, including the inams abolition act. 2. The court held that the findings in the earlier proceedings under the inams abolition act were binding on the land tribunal, as the tribunal could not, in view of Section 141 of the Land Reforms Act, reopen the questions concluded by the findings recorded in the proceedings arising under any of the enactments repealed by the Land Reforms Act. 3. The court held that the respondents could not claim to be deemed tenants under the Land Reforms Act based on their unlawful possession, as a person who had been found to be in unlawful possession could not claim the status of a deemed tenant.
Final Decision: The court allowed the writ petitions and quashed the order of the land tribunal granting occupancy rights to the respondents.
( 1 ) THIS petition is presented by Sri dbarmarayaswamy temple, Bangalore, represented by its committee of dharmadarshis questioning the legality of the order of the land tribunal, Bangalore north taluk allowing the applications filed by respondents 1 to 10 under Section 48-a (l) of the Karnataka Land Reforms Act, 1961 and granting them occupancy rights in respect of land in sy. No. 79 of neelasandra village, Bangalore north taluk.
( 2 ) THE brief facts of the case and the history of the previous litigation regarding the claims of respondents 1 to 10 for grant of occupancy rights are these:- (i) sarvamanya neelasandra village, Bangalore north taluk was a religious and charitable inam in favour of the petitioner temple. The former state of Mysore enacted the Mysore (religious and charitable) inams abolition Act, 1955. Under the Provisions of the act all religious inam lands stood vested in the state government with effect from 1-4-1959, on which date the act came into force. The act provided that after the inam tenure is abolished, and the lands are vested in the state, occupancy rights in respect of erstwhile inam lands be conferred in favour of persons who were kadim tenants and permanent tenants under sections 4 and 5 of the act respectively. In respect of other tenants, other than kadim tenants and permanent tenants, Section 6 of the act provided that from the date of vesting the said tenants shall continue as tenants under the government in respect of the lands of which they were the tenants under the inamdar prior to the date of vesting. Section 8 of the act provided that except in respect of the categories of lands specified in the said Section, the inamdar was entitled to be registered as an occupant of the lands which stood vested in the government consequent on the abolition of the inam lands. The relevant portion of the relevant sections read:- "4. Kadim tenants to be registered as occupants of their holdings:- (1) every kadim tenant of the inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of all lands which, immediately before the date of vesting, were properly included in his holding. " xx xx xx xx. "5. Permanent tenants to be registered as occupants on certain conditions:- (1) subject to the Provisions of sub-section (2), every permanent tenant of the inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of all lands of which he was a permanent tenant immediately before the date of vesting. " xx xx xx xx. "6. Other tenants to be tenants under government:- every tenant of the inamdar other than a kadim tenant or a permanent tenant shall, with effect on and from the date of vesting, and subject to the Provisions of chapter iv, be entitled to be continued as a tenant under the government in respect of land of which he was a tenant under the. Inamdar immediately before the date of vesting. " xx xx xx xx. "8. Lands and buildings to vest in the inamdar:- (1) subject to the Provisions of sub-section (3) every inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant of all lands other than- (i) communal lands, waste lands, gomal lands, forest lands, tank beds, mines, quarries, rivers, streams, tanks and irrigation works; (ii) lands in respect of which any person is entitled to be registered under sections 4 or 5; or is entitled to be continued as a tenant under Section 6; and (iii) lands upon which have been erected buildings owned by any person other than the inamdar. " according to Section 4 every kadim tenant of the erstwhile inam land was entitled to occupancy rights. Section 2 (8) which defined 'kadim tenants' stated that it means a tenant as defined in Section 84 of the land revenue code. According to Section 84 of the land revenue code a kadim tenant is a person who is a tenant of inam land (alienated land) paying to the inamdar (
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