MUNIYALLAPPA Vs. B M KRISHNAMURTHY

JUDGEMENT

(1.) This appeal arising out of the proceedings initiated before the Land Tribunal, Bangalore South Taluk (respondent-4) on the application of the appellant under Sec.48A(l) of the Karnataka Land Reforms Act, 1961, (hereinafter called 'the Act'), is directed against the order dt.Oct. 21, 1976 made in WP.3288 of 1976 by Bhimiah, J, allowing the said Writ Petition and quashing the order of the Land Tribunal dt.Febry 20, 1976 granting the application of the appellant for registration of occupancy in respect of three ariculturral lands in Survey Nos.19/2, 65 and 94, measuring in all, 11 Acres and 29 Guntas, situate in Vijnapur village, Krishnarajapura Hobli, Bangalore South Taluk over-ruling the contention of respondents-1 and 2 that the said lands are under their personal cultivationl. Stated briefly, the facts relevant for the purpose of this appeal are: The three lands which are the subject matter of the proceedings before the Land Tribunal are situate in Vijanapura village, which was an Inam village of which the late B.M.Muniswamappa father of respondents 1 and 2 was the Inamdar. Personal and Miscellaneous Inams in the erstwhile State of Mysore were abolished under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, hereinafter called "the Inams Abolition Act".

(2.) The Inams Abolition Act provided for vesting of Inams in the State and grant of occupancy rights to the former Inamdars and certain classes of tenants described as (a)Kadim tenant, (b) Permanent tenant and (c) Quasipermanent tenant, and also for recognition of the rights of 'other tenants'. The Notification vesting the Inam village of Vijanapura is said to have been issued in the year 1956. Late Muniswamappa, as also the appellant, made separate applications for registration of occupancy rights in respect of the aforesaid lands before the Special Deputy Commissioner for Inams Abolition. The application of late Muniswamappa was made under S.9 of the Inams Abolition Act for grant of occupancy; the application of the appellant was one either under S.4, 5 or 6 of that Act. The application of late Muniswamappa was allowed by granting him occupancy right by order dt. 19-4-1958 in Case No.1 of 1957-58 on the file of the Special Deputy Commr for Inams Abolition. The application of the appellant was rejected in Case No.43 of 1956-57. The appellant unsuccessfully challenged the said order of the Special Deputy Commr by appeal and revision and even by a writ petition before this Court. It is sufficient to state that all the proceedings under the Inams Abolition Act in respect of the lands in question have concluded and become final and that no proceedings under the said Act are pending. The result, therefore, is that the father of respondents 1 and 2 was registered as occupant of the said lands under S.9 of the Inams Abolition Act, negativing the claim of the appellant that he was entitled to be registered as a tenant under the said Act.

(3.) The Act (Karnataka Land Reforms Act) which enacts a uniform law relating to land reforms in the State of Karnataka was enacted by the State Legislature and was brought into force on 2-10-1965; the provisions of Chap-III for conferment of ownership on tenants, however were not Drought into -force until the Act was amended by Act 1 of 1974. The said Amendment Act made revolutionary changes in the Act.