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2023 Supreme(Online)(KAR) 2164

HIGH COURT OF KARNATAKA
H.T. NARENDRA PRASAD, J
SRI CHIKKAVENKATA RAMANAPPA AGED 80 YEARS S/O LATE APPANNAPPA R/AT KUNDALAHALLI VILLAGE DODDANEKKUNDI POST BANGALORE 560037 SINCE DEASED BY HIS LR’S – Appellant
Versus
THE SPECIAL LAND ACQUISITION OFFICER (INTERNATIONAL AIRPORT) KIADB BANGALORE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. A NAGARAJAPPA, SRI. P.B.RAJU
For the Respondents: SRI.H.L PRADEEP KUMAR, SRI. S.UDAY, SRI.C.M.NAGABHUSHANA

Table of Content
1. background on property and tenant rights. (Para 3 , 4)
2. arguments regarding title transfer and rightful ownership. (Para 5 , 6)
3. application of legal principles of regrant and feeding estoppel. (Para 7)

JUDGMENT

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

2. For the sake of the convenience, the parties are referred to as per their ranking before the Trial Court.

3. 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 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

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