Supreme Court of India · 2009-02-13
Ni.Pra Channabasava ... vs C.P.Kaveeramma & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2209
- Court
- Supreme Court of India
- Petitioner
- Ni.Pra Channabasava ...
- Respondent
- C.P.Kaveeramma & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision regarding the applicability of Section 43 of the Transfer of Property Act, 1882, in the context of re-grant of Inam lands under the Karnataka Certain Inams Abolition Act, 1977. The Court clarified that the encumbrance created prior to the vesting of land in the State does not get extinguished upon re-grant, as Section 4(2)(b) does not prevent the revival of such encumbrances. Consequently, the Writ Appeals filed by the appellant were dismissed, affirming the High Court's ruling on the matter.