JAGADISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Smt. Gundamma and Smt. Siddamma, both widows of Late Ramaiah, were holding the land as permanent tenants under the Inamdar, B.K. Nagaraj. These lands are situated in Sy.Nos.77/1, 77/2 and 77/3 of Agrahara Dasarahalli Village, Bangalore. The enactment of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (for short, "the Inams Abolition Act") which was brought into force with effect from 1.2.1959 abolished such personal inams and the land stood vested with the State of Karnataka free from all encumbrances under Section 1(4) of the Inams Abolition Act. However, certain class of persons were entitled to apply for occupancy rights including the class of permanent tenants and thereby obtain ownership of lands upon payment of specified premium to the Government. It is in pursuance to these provisions that Smt. Gundamma and Smt. Siddamma filed two applications for grant of occupancy rights under Section 5 of the Inams Abolition Act.

(2.) Before this aspect stood concluded, on 17.7.1961, late Papaiah purchased the land in Sy. No.77 measuring 37Â 1/2 guntas from Smt. Gundamma and her son Sri Ramaiah. The father of the private respondents, one Nanjusa purchased this land from late Papaiah. The remaining extent of 03 acres and 11 guntas of land in Sy.No.77 was also purchased directly by the father of the private respondents.

(3.) It was only on 4.8.1962 that the Special Deputy Commissioner for Inams Abolition passed the order on the applications filed by Smt. Gundamma and Smt. Siddamma registering them as occupants khatedar under Section 10 of the Inams Abolition Act. The rights were, thus, perfected and they being already in possession of the land, improvements were made on the same including setting up of a weaving factory by the sons of Respondent No.4.