Ownership claims regarding vested land under the Inam Abolition Act are extinguished, prioritizing legal admissions made during tribunal proceedings over prior private documents.

JUDGMENT :

V. SRISHANANDA, J.

Parties are present. Amicable settlement not reported.

2. Heard Sri.T.I.Abdulla and Sri.T.P.Vivekananda for the parties.

3. Defendant in OS No.252/2013 is the appellant in this appeal challenging the validity of the judgment and decree passed in RA No.245/2019 whereby, the judgment and decree passed in OS No.252/2013 is reversed and the suit of the plaintiffs came to be decreed as prayed for.

4. Facts in the nutshell for the disposal of the present appeal are as under:

A suit came to be filed by the plaintiffs in respect of immoveable property, measuring 1 acre in Sy.No.169 of Srirampura Village, Mysore Taluk, Mysore District, more fully described hereunder and hereinafter referred to as suit schedule property:

“SCHEDULE

All the piece and parcel of Agricultural Land measuring 1 acre in Sy.No.169 of Srirampura, Mysuru Taluk and District, bounded on the :

East by : Land of P.Gopal.

West by: : Land belongs to Central Silk Research Training Institute (CSRTI).

North by : Land belongs to R.Gopal.

South by : Land belongs to Chikka Madaiah.”

5. The plaintiffs prayed that they should be declared as owners of the suit property and consequential injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit property.

6. The plaintiffs laid their claim by contending that C.Puttaiah had got five sons by name P.Srinivas, P.Gopal, P.Venkataramu, P.Jayaramu and P.Chandrasekhara.

7. C.Puttaiah and his sons constituted Hindu Joint family and one of the sons of C.Puttaiah by name P.Venkataramu died leaving behind plaintiffs as his legal heirs to the estate.

8. It is further contended that land bearing Sy.No.169 measuring one acre which is the suit property, was also part of the joint family properties. There was a partition among the sons of C.Puttaiah on 04.12.1987, which was registered on 05.12.1987. But, there was a hitch with regard to the nature of the property, inasmuch as the Inam Abolition Act come into force and the defendant filed an application before the Land Tribunal, Mysore in Form No.1 under Section 7(4) of the Karnataka (Religious and Charitable) Inams and Abolition Act, 1955. In the said application, he included one acre in Sy.No.169 of Srirampura Village and seven acres situated in Srirampura Village in Sy.No.170.

9. The Land Tribunal, after considering the rival contentions of the parties, allowed the application by order dated 28.01.1988 and ordered for registration of the occupancy rights in favour of the defendant pertaining to the entire eight acres of the land. During the course of proceedings before the Land Tribunal, the defendant made a statement to the effect that 1 acre of the land in Sy.No.169 has been allotted to the share of his brother P.Venkataramu, but it is stated that in view of the possession being with the defendant, the Land Tribunal registered the occupancy right in the name of defendant.

10. It is further contended that after the demise of P.Venkataramu, when the first plaintiff approached the Tahsildar for registration of the katha in her name, there was a resistance, which resulted in filing of the suit for declaration and injunction based on the Partition Deed dated 04.12.1987 registered on 05.12.1987.

11. The defendant, pursuant to the suit summons appeared before the Court and filed detailed written statement denying that whatever the rights that were existing earlier to the passing of Inam Abolition Act, vested with the Government. Therefore, the rights that has accrued to P.Venkataramu vested in the Government and it is