Mysore (Religious and Charitable) Inams Abolition Act, 1955. The Act applies not only to agricultural lands but also to non-agricultural lands such as uncultivated lands, agricultural lands used for non-agricultural purposes or unconnected with the agriculture as well as to lands on which buildings have been constructed either by the inamdar or by a tenant, as the case may be. Karnataka High Court 29 July 2020.
M/s. S.M. Kannappa Automobiles & Others vs Koladamatt Mahasamsthana & others, Writ Appeal 1061/2013 & Writ Appeal 872/2013 (KLRA), Decided on 29 July 2020, Justice B.V. Nagarathna & Justice Jyoti Mulimani
Judgment link: https://karnatakajudiciary.kar.nic.in/noticeBoard/wp-1061-2013-connected.pdf
Held: 114. On a conspectus reading of the aforesaid provisions, it is clear that the Act is not applicable only to inam lands which are agricultural in nature, but also applies to non-agricultural lands such as uncultivated lands, agricultural lands used for non-agricultural purposes or unconnected with the agriculture as well as to lands on which buildings have been constructed either by the inamdar or by a tenant, as the case may be.
115. In fact, by way of an amendment, it has been clarified by insertion of Section 31-A of the Act that the Karnataka Tenancy Act, 1952 [referred to as “the Tenancy Act, 1952”], for the time being in force shall, subject to the provisions of the Act, be applicable and govern the relations of the persons who are entitled to be registered as occupants under Sections 4, 5, 7 and 8 and to agriculturists who hold lands on lease from such persons as tenants immediately before the date of vesting. The aforesaid provision does not include Section 6 of the Act. This is because Sections 4 and 5 deal with kadim tenants and permanent tenants, who are agricultural tenants, but every other tenant is covered within the scope and ambit of Section 6 of the Act, inter alia, tenants of uncultivated land or converted lands. Therefore, while considering the rights of kadim tenants or permanent tenants, the Tenancy Act, 1952 would have to be considered subject to the provisions of the Act. But, the Tenancy Act, 1952 would not be applicable to tenants of non-agricultural lands or tenants of lands used for any purpose unconnected with agriculture. Hence, Section 31-A also clarifies the fact that the Act in its applicability is not restricted to only agricultural lands. Hence, learned Single Judge was not right in holding that the Act applies only to agricultural lands and to tenancies created on such lands only.
Compiled by, S.Basavaraj, Daksha Legal
Daksha Legal 