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TENANTS UNDER INAM LAND AND LAND REFORMS


The law on the subject is clearly laid down in The Full Bench of Karnataka High Court in SRI RANGACHAR v. STATE OF MYSORE, 1966(1) Mys.LJ. 655, which is further quoted in Judgement of Doddamma vs Muniyamma ILR 2005 KAR 568 by Justice V.G. Sabhahit            “Section 3 of the Inams Abolition Act enumerates the consequences of vesting of an Inam in the State of publication of a notification under Sub-section(4) of Section 1 of the Act in the Mysore Gazette. All rights, title and interest vested in the Inamdar cease and stand vested absolutely in the State Government, free from all encumbrances………………..  Sections 4 and 5 respectively confer rights on the Kadim tenants and permanent tenants to be registered as occupants. Sections 7 and 8 provide for the recognition of the rights of holders of minor inams and for their registration. Section 9 specifies the kinds of lands and buildings to which the inamdar is entitled to be registered as occupant. Section 9A confers an identical right on the tenants of the inamdar other than the tenants entitled to be registered as occupants under Sections 4, 5 and 6 of the Act. Section 10 deals with the determination of claims under Sections 4,5,6,7,8,9 and 9A and lays down……………………..A tenant found to be in possession of any land on the first day of July, 1948, shall be presumed to be a quasi-permanent tenant, unless the Inamdar  proves that such tenant is not a quasi-permanent tenant as defined in Clause(14) of Sub-section (1) of Section 2”

The Karnataka Land Reforms Act, 1961,   came into force on 2-10-1965. The object of the said Act, inter alia, is to terminate the relationship of landlord and tenant and to confer ownership rights on the tenants. Landlords are prohibited from evicting their tenants.   Section 25 provides for surrender of lands held by a tenant. In Thunga Bai And Ors. vs Vishalakshi Heggadthi And Anr ILR 1975 KAR 739 it is observed that: “ By Section 25 a bar was imposed against surrender of any land held by a tenant without the previous permission in writing of the 'court'. The Court can grant permission after making enquiry if it is satisfied that the proposed surrender is bona fide and the land surrendered does not exceed the extent of land which the landlord could have resumed from his tenant under Section 14. The section further barred the landlords from entering upon the land surrendered by their tenants without the previous permission in writing obtained from the Court. Thus there is a prohibition against surrender of any land by a tenant and a further prohibition against the landlord from entering upon the land surrendered by the tenant, without the previous permission in writing of the Court.” 

Doddamma vs Muniyamma ILR 2005 KAR 568 by Justice V.G. Sabhahit observed that “It is clear from the above said provisions of the Inams Abolition Act and the provisions of the Land Reforms Act that so far as the rights of the tenants are concerned, the provisions of the Karnataka Land Reforms Act are similar to the provisions of the Inams Abolition Act though the provisions may not be similar in respect of the owners of the lands under Karnataka Land Reforms Act and Inam holders and inamdars under the Inams Abolition Act. However, so far as the tenants are concerned, the effect of the above said proceedings is that from the appointed date, the relationship of the landlord and tenant ceases and the property vests with the Government and the tenant is entitled to conferment of occupancy right as per the provisions of the Inams Abolition Act. 

A Division Bench of Karnataka High court in MUNIYALLAPPA v. KRISHNAMURTHY 1977 (1) KAR LJ 700 while pronouncing on the scope and applicability of the Act in respect of agricultural lands in former inam villages, observed: "Agricultural lands in former Inam villages are not excluded from the purview of the Land Reforms Act. The consequence vesting of inam lands in the State under the Inams Abolition Act is that the lands absolutely vested in the State and all rights of inamdar and tenants under him are extinguished and the only right of the inamdar and his tenants, whether Kadim tenant, permanent tenant or quasi - permanent tenant, is to make applications for grant of occupancy. The State thereafter when it grants occupancy under Sections 4, 5 and 6 or 9 of the Inams Abolitions Act, confers fresh title on the grantees of occupancy. All prior rights are extinguished, except as provided under Section 9A, where under in the case of other tenants they are entitled to continue as tenants of the lands of which they were tenants immediately before the date of vesting."

In Thunga Bai And Ors. vs Vishalakshi Heggadthi And Anr ILR 1975 KAR 739 it is observed that: “The possession of the suit lands in the eye of law always remained with the tenants. The entry of defendant 1 on the suit lands is prohibited by Section 25(1) of the Act. That prohibition is an injunction against landlords not to enter upon the lands held by tenants without the previous permission in writing of the Court. Each entry by defendant 1 upon the suit lands constitutes an act of trespass and a clear invasion of the legal rights of the plaintiffs. When the plaintiffs have shown that they have a legal right and that legal right is invaded by the unlawful acts of the defendants, they are entitled to the relief of injunction at the hands of the Civil Court.”

KARNATAKA LAND LAWS