Timely application under the Mysore (Personal and Miscellaneous) Inams Abolition Act is mandatory for claiming occupancy rights; failure to comply extinguishes any entitlement.

JUDGMENT :

N.V. ANJARIA, CJ.

1. This appeal arise out of common judgment and order dated 27^th September 2024 of learned Single Judge passed in respect of writ petition Nos.30369 of 2017, 23144 of 2017, 24109 of 2017 and 27409 of 2017. The present appeal pertains to the judgment and order in writ petition No.27409 of 2017.

2. Learned Single Judge allowed the said writ petition. The findings recorded by the Land Tribunal, Bengaluru North (Additional) Taluka, Bengaluru in its order dated 22.05.2017 came to be set aside. The revenue authorities were directed to mutate the names of legal representatives of Mr. Kemparaju the original petitioner, in respect of land to the extent of 160 acres which was subject matter of original suit No.93 of 1953 and execution petition No.151 of 1964.

3. The original petitioner was Mr. T. Kemparaju, now represented by his legal heirs who are the private respondents herein. The prayer was made to set aside the judgment and order dated 22.05.2017 passed by the Land Tribunal, Bengaluru North in INA CR.1/1997-1998. The Tribunal had allowed the prayer of the appellant Mr. H. Kempaiah and allowed occupancy right for him in respect of the land in question to the extent of 54 acres of D class and 10 units in respect of survey numbers in question. The subject matter land was a Jodi and Inam land which came to be governed under the Inams Abolition Act.

3.1 The case of the original petitioner to be noted in nutshell was inter alia that the land bearing survey Nos.1, 4, 18, 21 to 85, 87 to 89 and 87 to 104 situated at Chalamakunte Village, Hobli, Bengaluru North (Additional) Taluka. The total area of the land admeasured 494 acres and 25 guntas. It was sold by the Jodidhar one Mr. K.P. Ramaiah in favour of one Mr. Kaveri Reddy on 16.07.1943. It was stated that the land was partitioned between the brothers of Kaveri Reddy. Mortgage was executed in respect of the land by Mr. Kaveri Reddy for his land.

3.2 One Mr. Doddaiah in whose favour the mortgage was executed, filed original suit No.93 of 1953. Execution petition was filed. The share of Kaveri Reddy admeasuring 160 acres of land was attached before the judgment. The suit was decreed on 11.12.1954. The Deputy Commissioner permitted the sale of land by Mr. Kaveri Reddy, who sold the land by Sale Deed dated 20.06.1956.

3.3 On 01.02.1959, it was stated by the petitioner, the notification was issued under the Mysore (Personal and Miscellaneous) Inams Abolition Act and the Jodi Inams land including the land in question stood vested in the State Government. Pursuant to the decree in the suit, property was put to execution. Sale Certificate was issued on 11.02.1966.Doddaiah sold the land to the petitioner on 21.03.1968.

3.4 In 1973 and subsequently, proceedings were initiated for regrant of service Inam land. It is claimed by the petitioner that the file relating to regrant was destroyed in fire. Rebuilding of file appears to have been ordered by the authorities. In 2000- 01, petitioner filed application for impleading in the pending regrant proceedings, which request was rejected. On 15.11.2005, petitioner filed appeal before the Karnataka Appellate Tribunal. The appeal was allowed. The respondents challenged the same by filing writ petition. The same was dismissed holding that the petitioner was a necessary party, whereafter before the Tribunal, the petitioner was arrayed as claimant No.5. The Tribunal passed the order on 22.05.2017 rejecting the claim of the petitioner for occupancy rights.

3.5 While what is stated above are in a nutshell, the facts and events are subsequently also narrated based on the total pleadings and the aspects involved in the controversy. The Tribunal as per its impugned order rejected the case of the original petitioner for regrant of land on the ground