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Supreme Court of India 2016-02-15 allowed

N. Venkateshappa vs Munemma & Ors

Bench: 2 — Uday Umesh Lalit

In Brief

A successor-in-interest of an alienee of service inam land sought ownership of agricultural land in Karnataka sold to the original alienee in 1971. The original holder later received a re-grant in 1982. The High Court rejected the claim, reasoning the alienee had been evicted before re-grant. The Supreme Court held that alienations made between the Act's commencement (1963) and the amendment date (1978) confer good title on the alienee upon subsequent re-grant to the alienor, by the doctrine of feeding the grant by estoppel. The alienee is not an unauthorized holder, so eviction was improper. The Court reinstated the trial and appellate court judgments favouring the appellant.

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Land Law Property Rights Inam Land Alienation Succession Eviction

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