2007 (1) AIR Bom R 1839 ::2007 (3) AIR Kar R 288

Karnataka High Court

Hon'ble Judge(s): N. Kumar , J

( A ) Limitation Act (36 of 1963) S. 5 — Civil P. C. (5 of 1908), S. 96 — Appeal — Condonation of delay — Appeal against order of Land Tribunal granting property belonging to public — Order passed without jurisdiction and is void ab initio — Delay of 9 years and 7 months in preferring regular Appeal — Liable to be condoned. Karnataka Lands Reforms Act (10 of 1962), S. 48. (Paras35)

( B ) Karnataka (Personal and Miscellaneous) Inams Abolition Act (1 of 1955) S. 9 — Right of Inamdar to be registered as occupant of vested land — Not extended to land which is a tank-bed — Tank-bed, by continuous cultivation for over a period will not cease to be a tank-bed — After vesting of land under Act Inamdar loses his right to that tank-bed for all times to come — Authority constituted under Act has no jurisdiction even to entertain said application, let alone grant occupancy rights in respect of such lands.The suit schedule land is an inam land. If it is a ‘kere angala’, or ‘tank-bed’ notwithstanding the same being cultivated, it vested with the Government on 1-2-1959 and the inamdar has no right of re-grant. The said property vested with the Government free from all encumbrances. The Special Deputy Commissioner for Inams, the authority constituted under the Inams Abolition Act, has rejected four applications seeking for grant on the ground that it is a ‘Kere angala’ and that it cannot be granted. Suppressing the said fact, of rejection of application by vendor, respondent applied before Land Reforms Tribunal and occupancy right is granted to him. If it is ‘Kere angala’ and the land vested with the Government, the Land Reforms Tribunal had no jurisdiction to grant the said land to respondent. It is that grant which is made the basis for the suit for declaration of title. If on enquiry, it is found that there was no a....