Supreme Court of India · 2009-02-13
NI.PRA CHANNABASAVA D.S.MATADHIPATHIGALU vs C.P.KAVEERAMMA .
- Citation / case number
- SC 2008/4092
- Court
- Supreme Court of India
- Petitioner
- NI.PRA CHANNABASAVA D.S.MATADHIPATHIGALU
- Respondent
- C.P.KAVEERAMMA .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision regarding the re-grant of Jagir lands under the Karnataka Certain Inams Abolition Act, 1977. The Court clarified that Section 43 of the Transfer of Property Act, 1882 applies, allowing for the revival of encumbrances upon re-grant, as the Act does not explicitly negate prior contractual rights. The Court affirmed the High Court's ruling that the Tahsildar's order for possession was invalid due to improper inquiry, thus supporting the respondents' claim for possession pending further investigation.