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INAM ABOLITION ACT IS ALSO FOR PROTECTION OF TENANTS

Sri Muniyellappa vs B.M. Krishnamurthy And Ors. AIR 1977 Kant 137, ILR 1977 KAR 700, 1977 (1) KarLJ 389 The Inams Abolition Act as stated earlier, was enacted for the purpose of abolition of Inam tenures and conversion of such tenures into Ryotwari tenure and in that Process, grant occupancy rights to the Inamdars and the three classes of tenants. The purpose of the Land Reforms Act, however, is different. It is a legislation enacted to effectuate radical agrarian reforms by imposing ceiling of land-holdings and termination of landlord and tenant relationship in respect of tenanted lands and further conferment of occupancy rights on tenants personally cultivating the lands. ……… In our opinion, the dispute between the parties is not one arising out of agrarian relations. The scope of the Act is limited to questions arising out of agrarian relations. A person, whose possession of agricultural lands does not rest on agrarian relations, cannot invoke the jurisdiction of the Land Tribunal under S. 45 of the Land Reforms Act. Since the appellant, on the basis of his own Pleadings before this Court, does not base his rights founded on agrarian relations.

As pointed out in Narayana v. Lakshmiah I.L.R. (1953) Mad. 1166 : (1953) 2 M.L.J. 167 grants of Devadayam inams fell into three well-recognised classes : (1) grants to the temple, (2) grants of service inams in the sense that the grants were to constitute emoluments of offices in the temple and (3) personal grants with an obligation to render specified services in the temple.

B. Shankara Rao Badami & Ors vs State Of Mysore & Anr 1969 AIR 453, 1969 SCR (3) 1 The impugned Act provides for the acquisition of rights of inamdars in inam estates and it is intended to abolish 'all intermediate holders and to establish direct relationship between the Government and occupants of land in Inam villages in respect of which notifications had been issued. The legislation was undertaken as a part of agrarian reform which the Mysore State Legislature proposed to bring about in the State. Therefore, the impugned Act is a law providing for the acquisition by the State of any estate or of any rights therein or for the extinguishment or modification of such rights as contemplated by Art. 31A and hence, the impugned Act is protected from attack in any court on the ground that it contravenes Art. 31(2).

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CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS