KOLADAMATT MAHASAMSTHANA Vs. STATE OF KARNATAKA AND ORS

JUDGEMENT

(1.) In this writ petition, petitioner is calling in question the order dated 01.09.1994 passed by the Land Tribunal, Bangalore North Taluk, in Case No.INA.60/79-80 vide Annexure-G.

(2.) By the impugned order, the Land Tribunal has held that Sri S.M.Kannappa 4th respondent herein was entitled for being registered as an occupant of an extent of 2 acres 19 guntas of land comprised in Sy. No.15 of Annipura village, Kasaba Hobli, Bangalore North Taluk and further declaring that he had the right to own the buildings constructed by him on the land on the date of vesting as per Sections 11 & 12 of the Mysore (Religious and Charitable) Inams Abolition Act, 1955.

(3.) The facts as pleaded by the petitioner disclose that the petitioner was the holder of the lands bearing Sy. No.15. Out of the said land, 2 acres 19 guntas had been leased in favour of 4th respondent M/s. S.M.Kannappa Automobiles by an agreement of lease dated 06.02.1967 registered on 09.02.1967 for a period of 20 years. As per the lease agreement, 4th respondent was to run an automobile industry in the schedule premises, pay a rent of Rs.501/- and was required to deliver the schedule land along with the structures thereon to the petitioner on the expiry of the lease period. The lessee was required to pay the corporation taxes during the subsistence of the lease.