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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
MISCELLANEOUS FIRST APPEAL NO. 10070 OF 2010 (LAC)
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
Regrant of land under Inam Abolition Act restores title to original owner, thereby benefiting subsequent purchasers under feeding estoppel principle.
Headnote:(A) Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 - Section 43 of the Transfer of Property Act, 1882 - Land Acquisition Act, 1894 - Appeal challenging the decree of enhanced compensation granted to claimants on the ground that the transferor had no title - Court ruled that title vested back to subsequent purchasers after regrant, applying the principle of feeding estoppel - Trial Court's decision affirmed. (Paras 3, 7, 8)
(B) Title Transfer - Principle of feeding estoppel applied where original owner lost the title but had it revived post regrant; subsequent purchasers retain rights over property transferred. (Paras 7, 8)
Facts of the case:
Appannappa, the original tenant, sold property which vested in the State Government under the Inam Abolition Act - The case involved the validity of sales made prior to the land being regranted and the rights of subsequent purchasers.
Findings of Court:
The Land Acquisition Court properly allowed the reference for enhanced compensation based on occupancy rights granted post-regrant according to law.
Issues: Whether Appannappa had title to transfer land prior to regrant and the applicability of the feeding estoppel principle.
Ratio Decidendi: The court found that regrant of land under law restores title, which benefits subsequent purchasers, affirming that the trial court's conclusion was correct as per applicable statutes.
Result: Appeal dismissed.
| 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 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 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 Section s 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.
4. 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 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.
5. 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.
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 b
