CUSTOM SEARCH

WHEN POOJARI IS ENTITLED TO BE REGISTERED AS OCCUPANT OF INAM LAND

M.N. Shivappa vs State Of Karnataka ILR 1986 KAR 2472, 1986 (2) KarLJ 146 Bench: R Jois, Ramakrishna “We have set out the provision of Section 6A earlier. Clause (1) refers to persons serving in the temples in the capacity of Archak/Pujari and to persons holding similar offices which means persons engaged in connection with the worshipping of the deity in the temple. Clause (2) refers to persons serving in temples in any capacity other than Archaks/Pujaries and the like. The Section confers the eligibility for securing occupancy rights on both the classes of servants if they had actually cultivated the lands for a period of three years. A careful reading of the Section would make it clear that the Clause "personally cultivating for a continuous period of not less than three years prior to the date of vesting" in Cause(ii) of Section 6A applies not only to the categories of persons referred to in Clause (i) but also in Clause (ii). Any other construction would lead to incongruous results. To illustrate : If an Archak/Poojari referred to in Clause (i) is entitled to occupancy rights in respect of erstwhile Inam land belonging to a temple even though he was not cultivating the lands, the following questions would arise. If any other person was actually cultivating the land and further he happens to be either the Kadim tenant or Protected tenant or Permanent tenant what should happen to him? Should he be evicted and occupancy right should be given to the Archak and then what is the extent of land in respect of which he can claim occupancy rights? Can he chum occupancy rights in respect of all the extents of Inam lands belonging to the religious institution concerned? The other provisions of the Act, namely, Sections 4, 5 and 5A expressly provide that the persons cultivating the erstwhile religious Inam lands in those capacities are entitled to secure occupancy rights. Certainly Section 6A is not intended to deprive the occupancy rights in respect of the persons who have beers actually cultivating the lands as protected tenant or permanent tenant or kadim tenant and confer the occupancy rights on the Archak/Poojari, who had never cultivated the lands. ............................ Therefore, we respectfully disagree with the interpretation and hold that the Clause 'personally cultivating for a period of not less than three years' in Clause (ii) of Section 6-A applied to both the categories viz., Archak/Poojari and other temple servants.”

No comments:

CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS