Supreme Court · 2013 INSC 316 · Decided 6 May 2013
Ni Pra Channabasava Deshikendra Swamigalu Matadhipathigalu Kannada Mutt v. C.P. Kaveeramma & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 316 · [2013] 8 S.C.R. 816
- Case number
- CIVIL APPEAL No. 4150/2013
- Decided
- 6 May 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 43
Headnote
C Kamataka Land Reforms Act, 1961 - ss. 41 and 130 - Applicability of - Occupancy rights granted to inamdar after enforcement of lnams Abolition· Act - In respect of the land mortgaged - Application under Land Reforms Act, seeking and eviction of the mortgagee from o unauthorised occupation of the land - Held: Possession of mortgagee, after grant of occupancy rights to the mortgagor/ lnamdar, should be construed as unauthorised - Hence resort to remedy under Land Reforms Act seeking eviction from illegal occupancy, is
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