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february 2009

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.

Ni.Pra Channabasava ... vs C.P.Kaveeramma & Ors · Niyam