NAGA SASTRY Vs. TAHSILDAR SHIMOGA

JUDGEMENT

(1.) The petitioners in this batch of writ petitions are admittedly persons who are in possession of their respective lands which were all originally religious inam lands. By the Mysore (Religious and Charitable) Inams Abolition Act, 1955, the inam lands stood vested in the State Govt under S.3 of the Act with effect from 1-7-70. The Tahsildar and the Asst Commr concerned thought that they are entitled to demand from the petitioners what they considered as reasonable rent in respect of the lands which are in possession of the petitioners as tenants. It is in that view o the matter that the impugned demand notices were issued to the petitioners in all these cases, requiring them to pay towards rent sums determined by them. It is the said demands made by The respondents that are challenged in these writ petitions.

(2.) On the coming into force of the Mysore (Religious and Charitable) Inams Abolition Act, 1955, the lands in question stood vested in the State Govt as per S.3 of the Act. The Act, no doubt, confers certain rights on persons who are in possession as tenants in the matter of registration of occupancy rights. Though those rights flow with effect from the date of vesting, persons claiming registration of occupancy rights under the Act can claim to have become occupants only when their names are registered as such by following the procedure prescribed by the Act. It is not possible to accede to the contention of Shri Kadidal Manjappa, learned Counsel appearing for the petitioners, that whatever may be the date on which orders registering occupancy rights are passed in favour of the petitioners, their rights to occupancy rights relateback to 1-7-1970 and that they have to be regarded as having become occupants with effect from 1-7-1970. As already stated, the tenants in possession of the inam lands only get a right to registration of the inam lands with effect from the date of vesting. It does not mean that they automatically become occupants with effect from the date of vesting i.e., 1-7-1970. It is only after the applications are made by the concerned persons and orders are made acceding to their claims and thei,r names are registered that the persons concerned can claim to have become occupants of the lands in question. Until these persons become occupants they will be liable to pay rent in respect of the lands with effect from 1-7-1970 to the State Govt. As the lands get vested in the State Govt under S.3 of the Act, the provisions of S.107 of the Karnataka Land Reforms Act, 1961 get attracted. The said section provides that subject to the provisions of S. 110, nothing in this Act, except S.8, shall apply to lands belonging to Govt. It is, therefore, clear that though the lands in question became lands of the State Govt with effect from 1-7-1970, the provisions of S.8 of the Land Reforms Act are applicable. The provisions of S.8 pertain to the rent payable in respect of agricultural lands by the tenants. Hence, even accepting that the lands belong to the State Govt, the rent payable is only in accordance with S.8 of the Land Reforms Act, 1961. Hence, the Asst Commr and the Tahsildar could not have made demand in respect of these lands for payment of rent in excess of the rent that is payable under S.8 of the Land Reforms Act. As what has been demanded from the petitioners is admittedly rent in excess of S.8 of the Land Reforms Act, the demand notices will have to be quashed.

(3.) For the reasons stated above, the impugned demand notices are hereby quashed, reserving liberty to the concerned authorities to recover rent from the petitioners in accordance with the provisions of S.8 of the Karnataka Land Reforms Act, 1961. In the circumstances, the parties shall hear their respective costs.