This appeal is filed under Section 54(1) of the

Karnataka Land Acquisition Act challenging the judgment

and decree dated 23.08.2010 passed by the II Additional

City Civil and Sessions Judge, Bengaluru (CCH-17) in LAC

No.238/2005 whereby the reference filed under Sections

30 and 31 (2) of the Land Acquisition Act was allowed.

For the sake of the convenience, the parties are

referred to as per their ranking before the Trial Court.

Brief

facts

of

the

case

are

that

one

Appannappa, who is the grand father of first claimant is a

permanent tenant under inamdar in respect of suit

schedule property bearing Sy.No.20 measuring 6 acres 5

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guntas situated at Kundalahalli Village, K. R. Puram Hobli,

Bengaluru East Taluk. The said land is personal and

miscellaneous inam land. As per the provisions of the

Mysore (Personal and Miscellaneous) Inams Abolition Act,

1954 (‘the Act 1954’ for short), the said land has been

vested with the State Government by notification dated

24.02.1959. Out of 6 acres 5 guntas, the said

Appannappa had sold 1 acre 5 guntas in favour of

Nanjappa by registered sale deed dated 04.05.1956. The

said Nanjappa in turn sold the said land in favour of first

claimant’s father i.e. Abbaiah Reddy by registered Sale

Deed dated 20.06.1957. On application filed by the

Appannappa before the Spl. Dy.Commissioner, Bengaluru

under the Inam Abolition Act seeking occupancy Rights,

the Spl. Dy.Commissioner based on the said application,

has granted the land and confirmed the occupancy right in

respect of land bearing Sy.No.20 measuring 1 acre 5

guntas under the Act, 1954 on 30.05.1960. The said land

has been acquired under the Karnataka Industrial Areas

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Development Board by notification in the year 1999. The

Land Acquisition Officer has passed an award in respect of

said land. First claimant has filed an reference/application

under Sections 30 31(2) of the Land Acquisition Act, 1894

for apportionment. The said land has been referred to the

Land Acquisition Court. It has been registered as Land

Acquisition Case No.238/2005. After hearing the parties,

the LAC Court has allowed the application. Being

aggrieved by the same, second claimant is before this

Court in this appeal.

Learned

counsel

for

the

appellants

has

contended that Appannappa has cultivated the land in

dispute as a tenant. Since it is a inam land, by virtue of

the Inam Abolition Act, the land is vested with the State

Government by notification dated 24.02.1959. As on the

date of the execution of the sale, the said Appannappa has

no right or title over the land in dispute. Therefore, any

sale deed executed by the Appannappa is void and no

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right can be transferred to the purchaser. He further

contended that Appannappa has got right and title over

the property only after the land has been regranted under

the Inam Abolition Act on 30.05.1960. Therefore, the first

claimant has no right or title over the property and he is

not entitled for any compensation. The LAC Court has

erred in holding that by virtue of Section 45 of the

Transfer of Properties Act, the first claimant is the owner

of the property. This finding of the trial Court is contrary

to the provisions of Inam Abolition Act. Hence, he sought

for allowing the appeal.

Per contra, the learned counsel appearing for

respondent / first claimant has contended that the

Appannappa has sold the land in favour of the Nanjappa

before the land is vested with the State Government by

registered sale deed on 20.06.1957 and Nanjappa in turn

sold the said land in favour of Abbaiah Reddy, who is the

father of the first claimant. The said land is an inam land.

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In view of provisions of Inam Abolition Act, it is vested

with

the

State

Government

by

notification

dated

24.02.1959. On the application filed by the tenant, the

occupancy right has been granted under the Inam

Abolition Act by order dated 30.05.1960. In view of

regrant of land in favour of the tenant, he acquired the

title over th