A R BADARINARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this appeal presented under Section 31(1) of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 ('the Act' for short), against the order of the Special Deputy Commissioner, Shimoga, the following question of law arises for consideration :

(2.) In order to appreciate the question, it is necessary to make a brief survey of the provisions of the Act, as it stood on the date on which it was enacted and of the amendment of the Act by Act No.7/56, by which Section 9A and Chapter III-A were inserted into the Act, before the date on which the Act was brought into force w.e.f. 1-2-1959. Salient aspects of these provisions are these: (i) The Act was enacted by the Legislature of the former State of Mysore to provide for the abolition of the personal inams and certain miscellaneous inams in the area of the former State of Mysore. Section 2(7) of the Act, which defined the words 'inam village' and Section 2(10) which defines 'minor inam', read:

(3.) The Act was brought into force w.e.f. 1-2-1959 subsequent to the amendment made by Act No.7/56 incorporating Section 9-A, and Chapter-III-A into the Act. Section 10 of the Act provided for the determination of claims of persons under Sections 4, 5, 6, 7, 8, 9 for occupancy rights as also the claims of Section 9-A tenants. That section reads:-