Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | KARNATAKA CERTAIN INAMS ABOLITION ACT 1977 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977:S$. 4 (2) (b) and 10 - Abolition of Ina ms - lnamdar regranted the land - Erstwhile mortgagee claiming the mortgage to have been revived consequently - Held: High Court was not justified in concluding that s. 43 of Transfer of Property Act is relevant - Neither s. 43 of TP Act nor s. 10 of Karnataka Act has application to the facts of the case -Matter remitted to High Court for consideration afresh - Transfer of Property Act, 1882 .,... s. 43· - Doctrine of feeding the estoppel. A religious institution, namely, Kannada Mutt, was granted Gertain Jagir lands. Upon abolition of lnams by virtue of Karnataka Certain lnams Abolition Act, 1977, the lands stood vested with the State Government. However, the appellant being the Matadhisathi of the Mutt was allowed re-grant of the land, The respondents, who were the erstwhile mortgagees, claimed possession of the land in question contending that by virtue of order of re-grant in favoµr of the appellant, the earlier mortgage was revived and possession of the land could not be granted to the appellant. When the matter reached the Division Bench of the High Court in writ appeals, it held that s. 43 of the Transfer of Property Act, 1882 was applicable. Aggrieved, the Mathadhipati filed the appeals. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 188 |
Petitioner | Ni. Pra Channabasava D.s. Matadhipathigalu Kannada Mutt |
Respondent | C.p. Kaveeramma And Ors. |
SCR | [2009] 2 S.C.R. 436 |
Judgement Date | 2009-02-13 |
Case Number | 1040-1053 |
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