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The Karnataka State Board of Wakfs Represented by Its Chief Executive ...

Court : Karnataka

Reported in : 2008(3)KarLJ641; 2008(1)KCCR281; 2008(2)AIRKarR488

..... the provisions of the karnataka certain inams abolitions act, 1977 would prevail over that of the wakf act on the footing that the objects of the karnataka land reforms act, 1961 and that of the karnataka certain inams abolitions act, 1977 being the same, notwithstanding the absence of any provision akin to section 138 of the karnataka land reforms act, 1961, the same ought to be read into the karnataka certain inams abolitions act, 1977 and therefore, proceeding to hold that the provisions of the karnataka certain inams abolitions act, 1977 would take precedence, is erroneous ..... the second respondent claiming as the wife of one nagalingappa is said to have, filed an application under section 5 of the karnataka certain inams abolition act, 1977, before the land tribunal, sindanur, and claimed that in terms of an agreement dated 9-3-1963, executed by one abdul khadersab, the erstwhile mutawalli of the second petitioner, in favour of her husband, she ought to be conferred occupancy rights. ..... as the possibility of a lease in respect of wakf property is contemplated even under the wakf act, 1995, the attraction of the provisions of the karnataka certain inams abolitions act, 1977 cannot be questioned as being in violation of the fundamental rights guaranteed to religious denominations under articles 25 & 26 of the constitution of india.15. .....

Sri Ni Pra Channabasava Deshikendra Swamigalu Matadhipathigalu Kannada ...

Court : Karnataka

Reported in : ILR2008KAR805; 2008(3)KarLJ560; ILR2009(4)Kar4429; 2008(2)KCCR696; 2008(2)AIRKarR504; 2008(4)CivilLJ481(DB).

..... the relevant provisions of section 4-(1)(2)(a) & (b) of karnataka certain inam abolitions act of 1977 are extracted herein for convenient reference:section 4: abolition, vesting of inams and the consequences thereof,-(1) notwithstanding anything contained in any contract, grant or other instrument or in any decree or order of court or in any other law for the time being in force, with effect from and on the appointed date, the inam tenure of all inams and minor inams to which this act applies under section 2 shall stand abolished. ..... 9, 10, 12 & 13 of bettigeri village are inam lands belongs to the appellant mutt governed by karnataka certain inam abolition act, 1977, hereinafter referred to as the act-1977. ..... (ii) whether vesting of the lands with the government under karnataka certain inams abolition act has the effect of obliterating the usufructuary mortgage created in favour of r-1 to r-5 and whether the usufructuary mortgage does not revive after the re-grant is made in favour of the mutt?10. ..... on thorough consideration of the section 4(2)(b) we find that there is no express or implied provision to hold that after regrant the encumbrance created would not get revived, under the section 4(2)(b), the inam land after passing of the 'act-1977' shall stand vested in the state government free from all encumbrance and that the transferee cannot enforce their contractual rights against the government. .....

Dattatreya and ors. Vs. Mahaveer and ors.

Court : Supreme Court of India

Reported in : 2005(1)KarLJ1; 2004(6)SCALE57; (2004)10SCC665

..... it is not a question of bar of res judicata but the point is that in the year 1985 when the application was moved by the appellants under the provisions of the karnataka certain inams abolition act 1977 for registration of occupancy over the land in dispute by virtue of provisions contained in section 5(2)(i) of the aforesaid act, the land was not available for the purpose, as in the year 1979 itself the respondents were granted rights of occupancy tenancy by a forum of competent jurisdiction. ..... the result was that the tenancy rights were acquired and granted in favour of the respondents under section 45 of the karnataka land reforms act hence the land was not available any more for registration of occupancy under section 5(2)(i) of karnataka certain inams abolition act 1977, more so when the order dated 3.7.1979 was not challenged much less before or up to the time of moving application dated ..... that the order passed by the tribunal was confirmed, nor the order of the high court operates as res judicata in respect of the rights accrued to the appellants under the provisions of the karnataka certain inams abolition act, 1977 which question in any case, had to be considered on merits but it has not been considered by any court. ..... the court, it is observed, while issuing an order to consider the application of appellants under the karnataka certain inams abolition act, 1977, was not aware of the earlier writ petition, which was filed by the appellants and was dismissed, namely writ .....

Abdul Khader (D) by Lrs. Vs. Tarabai and ors.

Court : Supreme Court of India

..... after coming into force of the karnataka certain inams abolition act, 1977 (for short, "the 1977 act"), basavannappa filed an application under section 5(1) of that act for grant of occupancy rights by asserting that he was in cultivating possession of land comprised in survey nos.5, 6 and 7 since 1957 as a tenant. ..... paragraph 1 of that application reads as under: "the petitioner late abdul khader and respondents -1 and 2 had filed application in form no.l, numbered as lra/inm/521/81-82 to respondent no.4, for grant of occupancy rights of sy.nos.5,6 & 7 which were inam land under karnataka certain inam abolition act 1977 of badepur village. ..... in view of the foregoing reasons and also as per section 5 of the karnataka certain inams abolition act, sri. b.m. ..... learned counsel also pointed out that basvannappa had filed application under section 5 of the 1977 act read with section 48-a of the 1961 act and abdul khader had filed application under section 5(3) of the 1977 act and argued that the tribunal did not commit any illegality by recognizing that respondent no. ..... learned senior counsel relied upon the provisions contained in the hyderabad abolition of inams act, 1955 (for short, "the hyderabad act, 1955") and the hyderabad tenancy and agricultural lands act, 1950 and argued that the occupancy rights could not have been conferred upon the respondents in respect of service inam lands.12. ms. ..... 1 because by virtue of section 4 of the 1977 act, the tenure of all inams stood abolished. .....

Karnataka Board of Wakfs Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1996KAR3566; 1996(7)KarLJ585

..... in question of biddihalli village, belonged to the petitioner and they are entitled to be registered under sub-section 3 of section 5 of the karnataka certain inams abolition act, 1977 and therefore he prayed, that the impugned order be quashed and the matter be remanded to the land tribunal with a direction to grant the occupancy right to the petitioner ..... necessary for me to reproduce section 5 of the karnataka certain inams abolition act, 1977, under which the petitioner as well as the respondents ..... the karnataka certain inams abolition act, 1977 reads as follows ..... of karnataka certain inams abolition act, 1977. ..... have considered the claim of the petitioner under sub-section 3 of section 5 of the karnataka certain inamsabolition act, 1977, and the claim of the respondent no. ..... than three years prior to the first day of march, 1974, by contributing his own physical labour or that of the members of his family and enjoying the benefits of any land comprised in the inam of such institution without paying rent as such in money or in kind to that institution in respect of such land, shall be entitled to be registered as an occupant of such land;(3) every inamdar including the holder of a minor ..... right to be registered as occupants: save as otherwise provided in this act, with effect from all or the appointed date,-(1) every tenant of the inamdar or holder of a minor inam shall be entitled to be registered as an occupant of lands in respect of which he was a tenant immediately before first day .....

Sri Ramaswamy @ Ramappa S/O Late Basanna, Vs. the Deputy Commissioner ...

Court : Karnataka

Reported in : 2008(1)KarLJ323

..... ii has been issued under the provisions of certain inams abolition act, 1977 granting the said land in favour of late sri. ..... after careful reading of the said order dated 30th march 1988, it emerges that, the same has been passed in one line without conducting proper enquiry and without reference to the relevant provisions of the certain inams abolition act, simply stating that, the name of the applicant is found in the rtc extract and hence, his name has to be recorded in the patta. ..... , the father of petitioners herein has succeeded the property in question and thereafter, he has filed the application for grant of occupancy rights under the provisions of the karnataka certain inams abolition act (rytwari patta). ..... the second respondent without conducting proper enquiry and without compliance of the mandatory provisions of the act and rules, has passed the non speaking order, setting aside the endorsement issued by third respondent and directed to issue notice to interested parties and to take appropriate decision in the matter. ..... revenue/inam/14/86-87 vide annexure h. ..... inam/14/86-87 including form no. .....

Avvamma Vs. the State of Karnataka, by Its Secretary and ors.

Court : Karnataka

..... respondents 3 to 6 filed a declaration dated 1.6.1987 in form no.l under the certain inams abolition act, 1977, for short'act', for being registered as occupants of the lands in question. ..... 1 dated 1 -6-1987 filed by respondents 3 to 6 for grant of occupancy rights under the certain inams abolition act, 1977 is not maintainable as it is filed beyond the period of limitation. ..... 11 of the certain inams abolition act, 1977, provides. ..... an entry in the revenue records, is to be deleted or substituted by a new entry, the statute imposes a duty on the revenue authorities to initiate proceedings under section 128 of the karnataka land revenue act, 1964 and after due notice to the parties concerned and an opportunity of hearing ought to pass orders. ..... declaration in form no.l, filed on 1.6.1987, by respondents 3 to 6, for being registered as occupants of the lands in question, admittedly inam lands, is well within the period stipulated by law and hence maintainable. ..... fallacy of this contention is established from the fact that annexure-'e' letter dated 28-02-1990 addressed to the village accountant by the tahsildar, apparently is not preceded by an enquiry as contemplated by chapter xi of the karnataka land revenue act, 1964. ..... the absence of a registered document transferring the right, title and interest in the immovable property in question, a mutation entry made by the revenue authorities cannot substitute a legal transfer of immovable property under the transfer of property act, 1882. .....

Smt. Avvamma Vs. State of Karnataka and ors.

Court : Karnataka

..... , learned counsel for the petitioner advances the following contentions:(a) the tribunal fell in error in not noticing that the form i, dated 1-6-1987 filed by respondents 3 to 6 for grant of occupancy rights under the certain inams abolition act, 1977, is not maintainable as it is filed beyond the period of limitation;(b) that in view of the mutation entry no. ..... section 11 of the karnataka certain inams abolition act, 1977, provides to be read as 31st march, 1991, [31st march, 1999] as the last date for filing of declaration for being registered as an occupant of the ..... respondents 3 to 6 filed a declaration dated 1-6-1987 in form i under the karnataka certain inams abolition rules, 1979 (for short 'rules'), for being registered as occupants of the lands in ..... -e, letter dated 28-2-1990 addressed to the village accountant by the tahsildar, apparently is not preceded by an enquiry as contemplated by chapter xi of the karnataka land revenue act, 1964, whenever an entry in the revenue records, is to be deleted or substituted by a new entry, the statute imposes a duty on the revenue authorities to initiate proceedings under section 128 of the karnataka land revenue act, 1964 and after due notice to the parties concerned and an opportunity of hearing ought to pass orders. ..... declaration in form i, filed on 1-6-1987, by respondents 3 to 6, for being registered as occupants of the lands in question, admittedly inam lands, is well-within the period stipulated by law and hence maintainable. .....

Krishna Bhat (Deceased) by His L.R. Vs. State Through Land Tribunal an ...

Court : Karnataka

Reported in : 2008(6)KarLJ153

..... suppressing this fact, petitioner has filed form i seeking occupancy rights in respect of the said lands under section 5 of the karnataka certain inams abolition act, 1977 and therefore he has no locus standi. ..... the land tribunal after giving sufficient opportunity to the petitioner and after conducting enquiry as contemplated under the relevant provisions of the certain inams abolition act and certain inams abolition rules, 1979 and after critical evaluation of the oral and documentary evidence available on file, has rejected the claim made by petitioner, on the ground that, already his brother one sri rambhat being the ..... the said application filed by petitioner for registration of occupancy rights has been rejected by the land tribunal holding that, the lands in question are service inam lands and one sri ram bhat s/o som bhat is the inamdar of the said lands and his brother has filed from i for registration of occupancy rights and his request has been rejected. ..... when the said appeal was pending adjudication before the appellate authority, gulbarga, in view of the subsequent amendment to the land reforms act, petitioner has presented a civil petition before this court in no. ..... when the said appeal was pending adjudication before the appellate authority, in view of the amendment of the land reforms act 18 of 1990, the constitution of the appellate authority was abolished and parties were permitted to file a civil petition before this court under section 17 of the amended act, 1990. .....

Ramaswamy Alias Ramappa and ors. Vs. the Deputy Commissioner, Bellary ...

Court : Karnataka

Reported in : 2008(1)KantLJ323; 2008(1)KarLJ323

..... stood thus, the further case of petitioner is that, form no.ii has been issued under the provisions of certain inams abolition act, 1977 granting the said land in favour of late sri. ..... reading of the said order dated 30th march 1988, it emerges that, the same has been passed in one line without conducting proper enquiry and without reference to the relevant provisions of the certain inams abolition act, simply stating that, the name of the applicant is found in the rtc extract and hence, his name has to be recorded in the patta. ..... the father of petitioners herein has succeeded the property in question and thereafter, he has filed the application for grant of occupancy rights under the provisions of the karnataka certain inams abolition act (ryotwari patta). ..... assigning cogent reasons, has dismissed the appeal filed by petitioners and set aside the order dated 17th june 2004 passed by tahsildar, siruguppa and also the order dated 30th august 1988 bearing no.inam/14/86-87 including form no.ii issued dated 29th may 2002 and remanded the matter back to third respondent to reconsider the same and pass appropriate orders.3. ..... the second respondent without conducting proper enquiry and without compliance of the mandatory provisions of the act and rules, has passed the non speaking order, setting aside the endorsement issued by third respondent and directed to issue notice to interested parties and to take appropriate decision in ..... 29th may 2002 bearing no.revenue/inam/14/86-87 vide annexure h. .....