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2020 Supreme(Kar) 640

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.V. Nagarathna, Jyoti Mulimani, JJ.
M/s. S M Kannappa Automobiles - Appellant
Versus
Koladamatt Mahasamsthana, - Respondent
Writ Appeal No. 1061 of 2013, 872 of 2013
Decided On : 29-07-2020

Advocates Appeared:
Y.K. Narayana Sharma, Advocate, Adithya Sondhi, Advocate, Anish Acharya, Advocate, S. Vijay Shankar, Advocate, K. Anandarama, Advocate, S.M. Chandrashekar, Advocate, Ravi B Naik, Advocate, Vijetha R Naik, Advocate, A.C. Balaraj, Advocate, V. Srinivasa Raghavan, Advocate, Arun Srikumar, Advocate, Nitya Kaligotla, Advocate

Headnote:(A) Mysore (Religious and Charitable) Inams Abolition Act, 1955 - Sections 1(4), 3, 6, 11, 12 - Appeals challenging the Single Judge's order setting aside the Land Tribunal's decision granting occupancy rights to the tenant - Respondent Mutt's locus standi questioned as it did not file an application for occupancy rights - The Act applies to both agricultural and non-agricultural lands - Tenant's rights must be recognized, especially with structures constructed on the land by the lessee - Mutt's claims considered invalid as it failed to make necessary applications and demonstrated no aggrievement. (Paras 71-106)

Findings of Court:
The Tribunal had rightfully granted occupancy rights to the tenant based on the lease and subsequent rights under the Act. The legal relationship and entitlement have shifted to the State following vesting under the Act, negating the Mutt's claims as it has lost all rights over the land.

Issues: Locus standi of Mutt to contest the Land Tribunal's order, validity of lease and tenant's rights under the Act.

Ratio Decidendi: The court found that the Mutt, as the inamdar, had failed to make a claim for the land, which vested under the Act, whereas the tenant's rights were valid, thus the Single Judge was incorrect in setting aside the Tribunal's ruling.

Result: Appeals allowed; Single Judge's order set aside.

Table of Content
1. overview of case background. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. argument by appellants regarding tenancy rights. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
3. court's analysis of tenancy rights and definitions. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69)
4. key points to consider in judgment. (Para 70 , 71)
5. final judgment and outcomes. (Para 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 , 117 , 118 , 119 , 120 , 121 , 122 , 123 , 124 , 125 , 126 , 127 , 128 , 129 , 130 , 131 , 132 , 133 , 134 , 135 , 136 , 137 , 138 , 139 , 140 , 141 , 142 , 143 , 144 , 145 , 146 , 147 , 148 , 149 , 150 , 151 , 152 , 153 , 154 , 155 , 156 , 157 , 158)

JUDGMENT

B.V.Nagarathna, J. - These appeals assail the order of the learned Single Judge dated 14.12.2012 passed in Writ Petition No.25308 of 1993 [ KLRA ]. Writ Appeal No.1061 of 2013 has been preferred by respondent Nos.4(a) to 4(c) in the writ petition, while Writ Appeal No.872 of 2013 has been preferred by respondent No.5 in the writ petition.

Brief facts of the case:

2. Succinctly stated, these appeals arise from the order of the learned Single Judge impugned herein by which, the order of the Land Tribunal, Bengaluru North Taluk, Bengaluru ('Land Tribunal' for the sake of brevity) dated 01.09.1984 passed in case No.INA.60/79-80 (Annexure 'G' to the writ petition) was set aside. The Land Tribunal had passed the order under the provisions of the Mysore (Religious and Charitable) Inams Abolition Act, 1955 [hereinafter referred to as 'the Act' for the sake of brevity].

3. Briefly stated the facts are, Sri.S.M.Kannappa claiming to be a tenant had filed an application for registration of occupancy under Sections 6 , 11 and 12 of the Act. The application pertained to land measuring two acres nineteen guntas (2A-19G) in Sy.No.15 of Annipura village, Kasaba Hobli, Bengaluru North Taluk, Bengaluru, along with the buildings standing thereon (hereinafter referred to as the ('land in question'). The reason for making the said application was that pursuant to the issuance of the notification under Section 1(4) of the Act on 04.04.1970, all the provisions of the said Act (other than Sections 2, 34 ad 36 which had already come into force) came into force with effect from 01.07.1970 which is the date of vesting.

4. The basis for making such an application by Sri.S.M.Kannappa was that by an Agreement of Lease dated 06.02.1967, registered on 08.02.1967, the land in question was leased for a period of twenty (20) years to run an automobile industry on a rent of Rs.501/- per month, with permission to put up structures on the land in question. When the lease was in force, the provisions of the Act became applicable to the said land and hence, the application was made by Sri.S.M.Kannappa. This is because, the land in question was a portion of larger extent of land which was granted as a minor inam to respondent No.1, which is a religious institution (Mutt). Hence, the proceedings pursuant to the issuance of the notification on 04.04.1970 under Section 1(4) of the Act was commenced by Sri.S.M.Kannappa as an applicant.

5. Consequently, the application was filed on 30.12.1970 by S.M.Kannappa seeking occupancy and declaration of rights vis--vis land in question. By order dated 03.12.1974 by the Special Deputy Commissioner for Abolition of Inams, Bengaluru, the said application was rejected. Consequently, Writ Petition No.2373 of 1975 was filed before this Court which was disposed of on 19.02.1979 by setting aside the order dated 03.12.1974 and the matter was remanded for fresh consid

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