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'DEVADAYA' AND 'DHARMADHAYA' INAMS NOTIFICATIONS OF MYSORE

Lands belonging to the Muzrai Institutions and lying under the Irwin Canal in the Taluks of Mandya, Malvalli, Maddur, French Rocks and Serin-gapatam, have considerably increased in value. Several such lands are in the possession of the archaks, who render the services and only pay a nominal reserve fund. Some of these archaks may, instead of paying acre¬age contribution, surrender lands equivalent to the said sum. As such a procedure is highly disadvantageous to the institutions concerned, the acre-age contribution may be paid from the funds of the institutions concerned wherever funds are available and in other cases, the amounts may be paid, in the first instance, from the General Muzrai Funds, subject to their recoup-ment later on. It is also highly advantageous to lease out all such lands. When the question of the lease is taken up, it is likely that the archaks may set up a plea that they have spent large sums over the lands and that, therefore, they should not be dispossessed of the lands. To avoid all such contentions, the Amildars concerned will see that immediate instructions are issued to the archaks concerned, not to invest heavy sums over such lands, and that if any should do so, it would be at his own risk. (Muzrai Commissioner's Circular No. 1-37-38, dated 2nd September, 1937)

Early action on the lines noted above should be taken.

In continuation of this office Circular No. 1-37-38, dated 3rd September, 1937, regarding the Devadaya and Dharmadaya lands belonging to the sev-eral Muzrai Institutions which have become irrigable by the Irwin Canal, in the Taluks of Mandya, Malavalli, Maddur, French Rocks and Seringapatam, the following further instructions are issued for the guidance of Muzrai Officers, with regard to the payment of contribution and water rates.

It has come to notice that the contribution and water rate amounts due on those lands are demanded and taken from lessees and that the amounts so collected are credited to their khates. The liability for these items rests on the owners of the lands who are the temples or other institutions to which the lands are endowed. The contribution and water rate due on these inam lands is primarily a liability on these institutions and not on the person in whose possession the lands are. If these items are demanded of the lessees, they are likely to set up claims to the lands, on the termination of the lease. These demands should be looked into the khate of the institutions, like jodi and cesses due on the inam lands and the amounts recovered from lessees credited to the funds of the institution. The entries made in Records of Rights Register, in respect of such lands, should also be verified, if the entries have been correctly made, so as to show clearly, the rights of the institution.

The wetlands have now become valuable and more productive. Early action is required to lease out these lands. Care should be taken to secure proper bids, so as to cover the payment of contribution and water rate, which the institution has to bear. In the case of institutions where the ar¬chaks are in possession of the inam lands, the archaks may be left in posses¬sion of the lands as tenants-at-will, if they agree to pay a reasonable reserve amount to cover the contribution and water rate payable by these institu¬tions; failing which, the lands should be leased out as stated above, provid¬ing cash grants to the archaks.

As regards inams granted to the institutions for performing a definite service, viz., Bhajantri, etc., if the person, in whose possession the land is, agrees to pay a reserve amount, which would cover the payment of contri-bution and water rate from the fund of the institution, he may be permitted to be in possession of the land as a tenant-at-will; otherwise, the land should be leased out providing cash payment to the person performing the service. The scales of the institutions will also have to be revised after action is taken as indicated above. A statement in the form annexed, should be submitted to the Muzrai Commissioner's Office by the end of March 1938, showing how far the instructions contained in this memo, are carried out. (Memo NO. c. 388-37-38, dated 23rd February, 1938)

EXCESS DEVADAYA INAMS

Excess in temple inams not to be charged. The inam lands are in¬tended solely for the benefit of the temples concerned and their continuance as inam is absolutely necessary to ensure service being performed in a proper manner for the prosperity of his Highness the Maharaja and the State of Mysore, according to the original intention of the several grants. In consideration of the above-mentioned circumstances and to free these insti-tutions from petty annoyances, the Government have after careful consid-eration come to the conclusion that this increased assessment in the shape of Khalsat should be remitted, and they are accordingly pleased to admit that the amount of Khalsat assessment due on such of the inam lands as are actually in the enjoyment of temples be written off the accounts, and its levy foregone in future, the excess lands being treated as forming part and parcel of the original grant.

The Deputy Commissioners of Districts are requested to submit for re¬cord in the Government office accurate statements showing clearly the area and assessment of the entire inams, the jodi payable to Government and the area and assessment of the portion treated as Khalsat but now confirmed as inam. (G.O. No. R. 2973-83, dated 9th January, 1902)

FORMER MISCELLANEOUS RULES AND NOTIFICATION OF INAMS

EXTRACT FROM MUZRAI MANUAL

CONVERSION OF LAND INAMS INTO CASH GRANTS

(1) The question of converting all land inams into cash was proposed for consideration at the meeting of Deputy Commissioners and Heads of De-partments held in October 1926. As the subject was of considerable impor-tance, the Officers concerned were requested to examine it in detail with reference to the conditions in the several districts and forward their opin-ion. The majority of the Deputy Commissioners considered such conversion undesirable. The Muzrai Commissioner was of opinion that such conver¬sion should not, as a general rule, be permitted, but might be considered in particular cases where the circumstances make it desirable. The Superinten-dent, Revenue Survey and Settlement in Mysore, held that the measure is neither feasible nor desirable and that, if undertaken; may involve addi-tional expenditure to be borne by Government. (Notification NO. 1252-3—Muz. 179-26-4, dated 2nd February, 1928)

(2) Government agree that as a general measure, conversion of land inams into cash grants is not likely to be altogether beneficial either to Government or to the institutions concerned. It will not be easy to fix, as a general arrangement, the cash grants to be allowed in lieu of the inam lands resumed. Cash grants would be fixed for all time while the institutions if left in the enjoyment of land inarns, might expect to cover increase of ex-penditure from enhanced prices of produce or larger rents. Sentiment is also involved in the consideration of the question and the measure is not also likely to be popular. In view of these facts, the idea of making any innovation in the existing system will be abandoned.

(3) Where, however, in the circumstances of particular cases, the replace-ment of land inams by cash grants is considered desirable, the conversion may, as suggested by the Muzrai Commissioner, be proposed and cases of this kind submitted for the orders of Government.

(4) The Muzrai Commissioner in Mysore suggests also that the present rule fixing the period of lease of temple inam lands at five years and in special cases at ten years may be relaxed in cases in which it is found that leasing for longer period will fetch higher rent as in the case of garden lands in the malnad. This suggestion is approved. Cases in which the pe¬riod of lease exceeds ten years may be submitted for orders of Government, those for periods upto ten years being sanctioned by the Muzrai Commis¬sioner.

CONVERSION OF BHATT INAM LANDS INTO DEVADAYA
Government are pleased to sanction the conversion into Devadaya of the Bhatt inam lands in Bidargere and other villages in the Anekal Taluk en-dowed by Mr. G. Venkataramaniah, for the benefit of Sri Kodandaramaswami Temple, the present Jodi and quit-rent, etc., being treated as Jodi, as the conversion will not result in any loss of revenue to Government and as the permanency of temple service will be secured. (Notification No. 1524-7—Muz. 166-25-8, dated 31st May, 1926)


RESUMPTION OF INAM LAND NOT FIT FOR AGRICULTURAL PURPOSES
As the inam land originally granted to Sri Guruvannadevara Mutt of Hanumanthapura Village, Bangalore Taluk, as agricultural land cannot be used for agricultural purposes according to the intention of the endowment, Government direct that it may be resumed and an equal extent of similar land given to the Mutt on the conditions of the old grant. The new land to be given in exchange may, if possible, be in the same Taluk, if not in the Same Hobli. (Notification No. 183-6— Muz. 273-27-7, dated 24th July,1928.

PERIOD WITHIN WHICH APPEAL TO GOVERNMENT UNDER RULE XXII OF THE INAM RULES SHOULD BE PREFERRED

After a settlement has been made by the Inam Commissioner, the proper course for the party affected by it is to appeal to Government under Rule XXII of the Inam Rules. Though they do' not provide any specific period within which appeals should be preferred against the order of the Inam Commissioner, it is to be understood that such appeals should be preferred within a reasonable time, in fixing which the provisions of the ordinary law of limitation will serve as a usefulguide. Government consider that appeals long after the original settlement should not be encouraged specially when there are no adequate grounds for condoning the deiay. (G.o. No. R. 3700-1—L.R. 452-06-2, dated 13th December, 1907)

KODAGI INAMS IN MYSORE (KARNATAKA)

EXTRACTS FROM MYSORE MUZRAI MANUAL
Nature of Kodagi inams.—Kodagi inams are grants of land or of a share of the produce for the upkeep of tanks constructed or restored by private individuals. (Notification No. 180, dated 29th July, 1875)

Obligation of Kodagidars in respect of Kodagi Tanks.—It is hereby notified that under orders received from the Government of India, the obli¬gation imposed on the holders of kodagi inam lands of repairing and main¬taining tanks to which such conditions have been attached, will cease to be enforced and that the inam lands will be confirmed to the existing holders upon terms which will be hereafter signified.

The notification in question refers solely to Kodagi tanks in Government villages; for though in particular instances such as that referred to in this office letter No. 2235-65, dated 25th June, 1874 to the Commissioner, Nundydoorg Division, where the Kodagi inams had been previously resumed by Government, it was ruled by the Chief Commissioner that the Kodagi inams should be transferred to the holders of the villages, with all the obligations incidental to the Kodagi grant, no interference can be exercised in respect of Kodagi tanks situated in inam or Kayamgutta villages, further than that which has been prescribed for the regulation and control of tanks lying in chains Or series. (Notification No. 2727~Rev, 50, dated 22nd June, 1876)

SETTLEMENT OF KODAGI INAMS.—(a) Where the inams consist of grants of land.
(1) Inams granted to private individuals for the "construction and upkeep" of tanks will be enfranchised at one-fourth quit-rent where the Chief Revenue Officer of the district in which such tanks are situated certifies that the conditions of the grants have been fairly observed and that the tanks are now in use. Where such certificate cannot be furnished, inams of this class will be enfranchised at half quit-rent.
(2). Inams granted to private individuals for the "upkeep" of Gov¬ernment tanks will be enfranchised at half quit-rent where a certificate to the effect stated under Clause 1 is granted by the Chief Revenue Officer of the District. Where such certificate cannot be furnished, inams of this class will be confirmed to the present holders on half assessment for their life, and on their death will be brought under full assess¬ment.
(Note.—By "Chief Revenue Officer" is meant the "Deputy Commis¬sioner or the Sub-Divisional Officer".)
(3) Minor inams, as Kerebandi, Kerekolga and others of the same kind granted for the petty repair of the earthwork of tanks, will be confirmed to the present holders on half assessment for their life, and on their death will be brought under full assessment. (Note. This rule does not apply to those cases which have been con¬firmed on a permanent tenure prior to the issue of Notification No. 369, dated 23rd January, 1877.)
(4) Kodagi inams in rent free villages as also in jodi or quit-rent villages, when their upkeep rests with the jodidars, will be con¬firmed on the existing conditions, subject to such regulations for the due and efficient maintenance of such tanks as may be laid down by the Irrigation Department under the authority of the Chief Commissioner.
(5) Inams granted for the construction of tanks by private individu¬als when such tanks were made over to the Government and the upkeep rested with the State will be confirmed to the holders without imposing any additional burden on them; but it will be optional with them to acquire the powers of alienation by pay¬ment of one-eighth quit-rent. When no quit-rent is imposed, the inams will be continued to the holders and their descendants by birth or adoption as laid down in Inam Rule VI, Clause B. (Notifi¬cation No. 9620 R. 43, dated 20th December, 1876)
(6) The combined quit-rent including the former jodi to be imposed under the foregoing rules on Kodagi inams (including Kere¬bandi and Kerekolga) will be credited to the Irrigation Cess Fund of districts, the maintenance of Kodagi tanks having de¬volved on the State.
(7) The above rules shall have retrospective effect from 16th Sep¬tember, 1874. The object of making the rules retrospective was to include in their provisions Kodagi tanks that have been re¬sumed since 16th September, 1874.
(8) No investigation is necessary as regards such Kodagi inams as were resumed prior to 16th September, 1874. As regards inams resumed since that date, the certificate as to condition will not be requisite as the resumption will be can¬celled and the inarns continued to the holders for life on half assessment. The very fact of the inams having been resumed is prima facie proof of the original conditions not having been ful¬filled and no further enquiry under Rules I and II is necessary.
(9) The rules for charging excess in the case of minor inams apply to the Kodagi inams.
(10) Chor and Sthal Kodagi inams, in cases where the Government had accepted the service of the holders, will be enfranchised on the same terms as other Kodagi inams.
(b) Where the inams consist of payments of shares of produce on certain lands.—
(1) In un-surveyed taluks.—The Government Batayi realization on the land in question should be ascertained for an average of the last three years and the value of the inamdar's share should be calculated on the assumption that the Batayi realisations repre¬sented one-fourth of the gross produce.
(2) In surveyed taluks.—The gross produce should be assumed at seven times, the survey assessment of lands (occupied and un- occupied) and the value of the inamdar's share calculated there¬from. (Notification No, 4020— R. 88, dated 20th July, 1877)
(3) After the value of the inamdar's share has been ascertained as above, it may be commuted into a money payment in the first instance under Rule XI of the Rules for the settlement of ready money grants, option being given to the inarndar of applying for a grant of land in lieu under Clause 2 of the said rule. The quit-rent imposed may be either levied from the land or de-ducted from the cash allowance.


REVISION OF KODAGI INAMS.

(1) No Kodagi inam should be treated as granted only for "upkeep" unless upon distinct and express proof. As a general rule, Kodagi inams were granted for "construction and upkeep" and the grant for mere "upkeep" was very rare indeed. Bearing this fact in mind the ordinary presumption is that the inam was granted for "construc¬tion and upkeep" and there must be express proof to rebut this presump¬tion. Government were bound to adopt such a liberal treatment when, by the abolition of an existing system, they were interfering with vested rights by an act of the Legislature, for the Rules of 1877 had and have the force of law. It is therefore decided to revise the cases now pending on the princi¬ples above enunciated and to treat as falling under Class I, all cases for which such treatment is now claimed, and in which (after a consideration of the entire evidence now or before adduced) there is no proof of a grant for "upkeep" only.

(2) The cases thus brought under Class I should be settled at one-fourth or half quit-rent according to the fairly good order or total disrepair of the tanks concerned, at the time of the former settlement. The condition of a particular tank at that time can now be ascertained only by the evidence then recorded; but in any very special case in which that evidence is im-pugned, you are at liberty to ascertain by enquiry from local officers the exact condition of the tanks at that time.

(3) There are however two questions which, though not immediately connected with the settlement, may yet receive useful elucidation at the present enquiry, so as to enable the Government to come to a satisfactory decision hereafter. The first of these questions is whether any Kodagidar to whom the inam may now be confirmed under Class II at one-fourth quit-rent really asks for the restoration of the inam together with the liability to maintain the tank, and to forfeit entire inam in case of default to maintain. It is probable that many of them do not understand what they are asking for, and in most cases it will be found that they would choose the smaller evil of one-fourth quit-rent rather than undertake the heavy responsibility of maintaining a tank. Persons coming under Class I, who failed to maintain their tanks and are therefore charged half quit-rent are liberally treated
when let-off with only half quit-rent. Persons coming under Class II are not entitled to any special consideration by way of again entrusting the tanks to their care.

(4) The present revision must necessarily be restricted to cases to which complaints are brought forward, but any cases not now brought forward owning to ignorance or want of sufficient notice may be received, enquired into and decided, if application for revision is made within a year after the publication of the results of the revision in the cases now pending. (Notifica-tion No. 4704-11-138, dated 29th September, 1888)

(5) Rights and liabilities of Kodagidars after settlement.
The Chief Commissioner observes that the enfranchisement of Kodagi inams releases the Kodagidars not only from their liability for the future repairs but must also, to a certain extent, render void the previous engage¬ments entered into by them in the prospect of their continuing to enjoy the inam lands undisturbed. (Notification No. 2305—Rev. 394, dated 19th August, 1879) The abandonment of Kodagi tank by the Public Works Department does not give any right to the Kodagidars to the stones. Enfranchisement relieves the Kodagidars of their right and liabilities and no reversionary right to the Stones Can be recognised. (Notification No. 9006-13—R.F. 221-92, dated 20th December, 1392)

HISTORY OF AGRAHAR INAMS

EXTRACT FROM MYSORE MUZRAI MANUAL
An Agrahar is ordinarily a grant of houses for the residence of Brahmins, with an endowment of lands or other income for their maintenance. The grant is for the benefit of the grantee, though in return, they are expected to pray for prosperity of the grantor and his family. This duty, by implication, entails certain conditions. The grantees should keep up the Agrahar and arrange for the houses being tenanted by themselves or other Brahamans, and though they are allowed to alienate the endowments, i.e., the houses as well as the lands, they can so alienate them only to Brahmans, who alone are supposed to be competent to offer such prayers. In British Territories, where the dynasties of the grantors have become extinct, the necessity of maintaining such conditions ceases to exist, and the inams are often treated as entirely personal grants. In this State, however, and especially in the case of the Agrahar grants made by Maharaja Krishnaraja Wo-dayar III, it is desirable that the tenure of service, though merely nominal, should not be relaxed, and the Agrahars, i.e., the Brahman residences with the endowments attached, should be maintained in efficiency in commemoration of the grantor. (Notification No. 4857- 66—Cir. 125, dated 13th September,
The several Agrahar grants made by Maharaja Krishnaraja Wodayar III, should be settled on the principles above laid down. These grants would be more properly constructed with reference to their general character, than with reference to the wording of the sannads in each case, which, from accidents or carelessness of the writers, may vary. Powers of alienation within the limits above laid down are inherent in these grants and may be recognized in regard to all of them irrespective of the fact of their being expressly provided for or not in the sannads.

It is not meant that houses are essential to these Agraharam grants. Grants of houses may sometimes be made under the name of Agraharams without lands attached to them, or lands may be given without house being built. What is above laid down is the ordinary nature of these grants and the wording of the sannads in Agraharam grants made by Maharaja Krish¬naraja Wodayar III support the above view. (Notification NO. si89-9o—Rev. sus, dated 7th January, 1880)

The terms of the grant regarding residence in Agrahar to be en¬forced. — The terms of the grant should be strictly enforced and the Vrittidars should be compelled to reside within the limits of Karadagur Village. If representatives of more than half a Vritti live in the village, the others of the same Vritti may perhaps be given freedom to remain elsewhere, if such concession is not inconsistent with the original grant. Those who are not residing in the village must be warned to do so. Temporary absence else-where may be excused if they keep a house in Karadagur. Those defaulting and persisting in such default will render their vrittis liable to be resumed, and the Deputy Commissioner may hold such vrittis under attachment till such defaulters provide themselves with houses in Karadagur and reside in them. (Notification No. 3970-14— P.F. 15-1900, dated 13th November, 1900)

ORIGINAL INAM SETTLEMENT RULES IN KARNATAKA (MYSORE) FOR ACADEMIC INTEREST

EXTRACT FROM MYSORE MUZRAI MANUAL

I. All grants of land, either free of tax or subject to Jodi (light assessment) and whether supported by Sannads or otherwise, shall be held to be valid, provided they are registered in Poorniah's Inamty Account of 1800 to 1810.

II. Inams granted by the Maharaja Krishnaraja Wadeyar III, during his Highness' Administration between 1810 and 1831 for which sannads and "Niroopas" are forthcoming, shall also be held to be valid.

III. All other inams not falling under the two foregoing divisions, no matter by whom granted, shall also be held valid upon the production of trustworthy "Sannads" or other genuine documentary evidence of their existence for the last 50 years.



IV. Classification of inams. After the validity of the inam has been proved, each case will be disposed of as hereafter explained, according as it belongs to one or other of the following general classes.

(a) Grants or endowments made for the support of religious and charitable institutions, and for the maintenance of persons therein rendering services; (Devadaya, Brahmadaya and Dharmadaya inams fall under this category)
(b) Personal or subsistence grants;
(c) Grants made by former Governments for service in the Revenue and Police Departments, which is no longer required;
(d) Village Service Inams

V. Treatment of religious and charitable inams.—All inams, coming under Rules I, II and III which are held by religious and charitable institu¬tions and by persons therein rendering service, should be confirmed to their present holders, so long as the institutions are kept in good order and service continued to be performed, according to the condition of the grant.
(a) Kodagi inams.—Inams granted for the construction and repair of wells, tanks, water channels, and such like works, will not be interfered with so long as the works are kept in good order, and the terms of the grants are fulfilled.

VI. All personal inams are to be treated according to the terms of the Sannad under which they are held.
(a) Inams granted by Competent Authorities vesting the grantee with full powers of alienation will not be subjected to any quit-rent.—All inams for which there are sannads, vesting the grantee with full powers of alienation and absolute right of dis¬posal granted by Competent Authorities, such as the Emperors of Delhi, the Maharaja, and his predecessors on the throne of Mysore, and by other independent chiefs, the late Peishwas and the Nizam and not subsequently resumed, or modified, will be confirmed, whether in the hands of the original grantees, their descendants, or alienees, without the imposition of an indemnification fee.

(b) Treatment of inams for which there are no sannads and those produced are of an hereditary character.—Inams for which no sannads are produced, or where the sannads produced are of an hereditary character, and where the tenure is not specifically restricted are to be confirmed to the present holder, and to his heirs, male or female, in directed succession, and to undivided brothers, and cousins, and to persons whose adoptions were made in conformity with the Hindu Law.

(c) Enfranchisement at a uniform rate of one-eight quit-rent irrespective of the position of the present incumbent with regard to heirs. Option however, will be given to the inamdar to render these grants perpetual and alienable, by payment of a quit-rent equal to one-eighth assessment of the entire tenure, irrespective of his position with regard to heirs.

(d) Enfranchisement compulsory in the case of alienees.—Enfran-chisement of these inams in the hands of alienees is compulsory and not optional as in the preceding clause.

(e) Compulsory enfranchisement at half quit-rent of recent inams less than 50 years old.—All other personal inams which are less than 50 years old and not granted by Competent Authorities, are to be charged with half assessment without option.
(f) Quarter quit-rent in special cases.—Indulgence will, however, be shown in cases in which there is a strong presumption in favour of an inam being 50 years old, and where the probability is equal on both sides, the intermediate rate of one-fourth quit-rent will be charged as a special case.

VII. Fraudulent inams will be fully assessed.—If the inam was founded on fraud and took its rise subsequent to 1831, it will be resumed, and subjected to full assessment.
(a) Two-thirds quit-rent if the present holder is not a party to the fraud. But, if the present incumbent was not a party to the fraud, indulgence will be shown by charging his inam with a quit-rent of two-thirds.

VIII. Treatment of several descriptions of village service and other grants.—Grants by former Government in remuneration for services wholly or partially discontinued in the Revenue and Police Departments are of two kinds.—
(a) Those which are no longer required or rendered.

(b) Inam till continued on condition of performing certain services which are seldom rendered, or cannot be made available for any useful public purpose. Each class will be dealt with according to the following rules.—

(c) "Desamookhi" and such like grants to be treated as per¬sonal.—mams granted to "Desamooks", "Desapondia" and such like offices which are no longer required, and where a compromise has already been effected on the abolition of the service, are to be regarded as subsistence grants to be disposed of according to Rule VI and its clauses. Where no commutation of the service has been effected; the inams of these offices will fall under clause (f) infra.

(d) Village services inams held for Government service will not be brought under the settlement but simply registered for pur¬poses of record.—Inams held for village offices of revenue or police the duties of which are still required to be performed, will only be registered in the present settlement for purposes of record, but they will be dealt with by the Survey ana Settlement Department.

(e) Inams of artisans will be confirmed on their existing terms. But inams granted to artisans and others for services rendered to the village community, should be confirmed as hereditary grants to the holders and their heirs, subject to the continued performance of the particular service for which they were granted.

(f) Treatment of grants for service not required or rendered to be confirmed on rates not higher than half assessment at the op¬tion of the Inam Commissioner.—In cases in which service may be no longer required, or is of a nominal nature, the inam will be confirmed to the holders as a permanent and alienable property subject to payment of a quit-rent not exceeding half assessment This quit-rent will be charged in commutation both of the service thus discontinued, and the right of reversion pos¬sessed by Government. The mode and the right of commutation will be determined on a consideration of the nature of the serv¬ice, and how long ago it ceased to be rendered, or enforced, and the circumstances attending it in each case.

IX. Proof of alienation required, in default liable to full assessment.—
In the case of alienation of the inams referred to in Rules VI and VII and their clauses, satisfactory proofs are necessary either from entries in the public accounts, reliable documents in possession of the inamdars, or from the admission of the original grantees, or their recognised descendants, or undisturbed possession for the last 12 years. On failure of all proof of the alienees title, the inams will be fully assessed.

NOTE
(i) A Alienations of inam lands made subsequent to the date of the promulgation of the Inam Rules, viz., 14th December, 1867, will not be recognised, unless such inams are of the nature described in Rule VI, clause (a) or enfranchised under clauses (c) and (d). (Chief Commissioner's NO. 949-22, dated 22nd May, 1872, Inam Commissioner's No. 88, dated 5th June, 1871 and Secretary's No. 3120-108, dated 5th September, 1872)

(ii) In the case of a de facto lapse the inam should be at once resumed, Illustration.—A, the original grantee or his recognised representative not having powers of alienation, died without heirs after the 14th Decem¬ber, 1867, having also since that date alienated his inam with or without consideration to B. Proof of the extinction of the family of the alienor must be clearjy shown. (Inam Commissioner's Memo No. 1361, dated 14th October, 1872, Secretary's No. 5243-157, dated 16th December, 1872).

(iii) In cases in which the Sannad of the late Maharaja under which an Inam is held conveys in its body the powers of alienation but the words giving such power are omitted in his Highness autograph, a strained con¬struction should not be put on the latter. The subscribed words should be clear and distinct in order to nullify the powers set forth in the body of the grant. Where there is any ambiguity, the Inamdar should be given the benefit Of the doubt. (Secretary's No. 400-25, dated 29th April, 1872)

(iv) The public should be warned that purchases of inams which they may make would be at their risk, unless the Government's claim to rever¬sion therein is compromised. (Notification by Inam Commissioner, dated 18th Decem¬ber, 1867)

(v) All service inams alienated before the 9th September, 1835, and for which no service is performed by the alienee, should be enfranchised on half quit-rent. (Chief Commissioner's Order No. 3964-166, dated 17th October, 1873)

NOTE

Mortgages—(i) If a mortgage deed is dated before 14th Decem¬ber, 1867, its validity is recognised, a notice being issued in the usual way to the mortgagor or to his heirs, to come forward within three months from date of notice and file the usual statement, or assent to the claim of the mortgage. The fact is then recorded in the register and the title deed made out in the name of mortgagee, with compulsory enfranchisement, if over 30 years' standing. Should the Inamdar's family be reported to be extinct, a notification is issued in the most public manner calling upon any member of the family who may be alive to come forward within three months of the date of such notice, under pain of attachment under Rule XIII; failing which, so much of the inam as is equal in Beriz to 12 per cent on the original debt is confirmed to the mortgagee, with compulsory enfranchisement the remainder, if any, being resumed and fully assessed. This rule applies only to cases within the limit of 30 years by which the inam enquiry is governed, as the new law only came into operation on the 1st August, 1873.

But if within that term of limitation, the title deed is made out in the name of the mortgagor, the parties should be left to themselves to effect necessary transfer.
(ii) Should any dispute arise the fact should be noted in the register and the parties referred to Civil Courts, the title deed being made out in the name of inamdar mortgaging it.
(iii) If the mortgage deed bears date after 14th December, 1867, the trans-action should be ignored and the inam settled as if no such deed were in existence. The fact, however, should be recorded concisely in column (19) in each such case and the title-deed made out in the name of the inamdar. (Government of India Notification No. 144, dated 20th July, 1871 "Mysore Gazette", dated 9th September, 1871)

NOTE
Alienation by holders not to be noted in column (15) of the inam register. (Notification No. R. 5155-57—L.K. 60-07-8, dated 18th January, 1910)

Names of subsequent alienees who derive their titles from the gifts made by the original holders of inams should not be entered in column (15) of the said register. It is only the names of persons upon whom the inam village has devolved in the usual course of descent from the original inam¬dar or in the case of transferable inams, the names of the persons in whom the entire right of the inamdar is vested that should be entered in the said column. Government recognise such persons only as are entitled to the privileges of an inamdar and not of persons having more proprietary rights as Kadim tenants or grantees from the inamdars.

The right of each Vrittidar to hold his Vritti and exercise all rights of ownership in his share in the inam village is not affected by the entry in the column (15) and it does not therefore give the particular Vrittidar whose name is entered in that column any claim to interfere with the enjoyment by the other Vrittidar of their Vrittis, are their liability-to pay only their pro-portionate share of the jodi separately, under Rule 99, clause (c) of the Land Revenue Rules, if their names are omitted from the inam register. Some single person should be held responsible for the good administration of the village, the recovery of Government dues thereon and the maintenance of village accounts to be rendered to Government, and to exercise control over the village in respect of these matters. It is for this purpose that only the principal Inamdar is entered in the Register and not others who have merely proprietary rights in portions of the inam village.

X. Survey extent and assessment to be adopted in Surveyed Taluks. The extent and assessment of inams recorded by the Survey Department, will be invariably adopted in the inam settlement of the surveyed taluks.
(a) What extent and assessment to be adopted in unserveyed taluks. In case of the Inam Commission outstripping the sur¬vey, the extent and assessment of inams given in the Inam Reg¬isters of 1810, or of a reliable subsequent account, will be adopted leaving the excess to be charged after actual survey according to the course laid down in the following rule.

XI Treatment of excess in all descriptions of minor inams. In dealing with excess in inams, all excess over and above the rate of excess discovered in the Government lands of the village plus 10 per cent will be charged with full assessment.
(a) Excess not to be charged if it is proved to be a portion of inam itself. If the excess above the area recorded in the accounts or in the "Sannad" is proved to be within the limits mentioned in the grant itself or a separate. "Hudnamah" and where no room for encroachment existed, and if it is also proved to have been in the uninterrupted enjoyment of the inamdar for the last 50 years, it will be regarded as a part of the original inam, and no additional charge will be made even if it happens to exceed the indulgence shown in the preceding clause.

XII. Inam settlement to be made with the registered holders or with the head member of the family enjoying it. The settlement will be made either with the registered holders of the inam, or where none are registered with the head member of the family enjoying the inam, who according to existing practice, is alone considered responsible to Government. But this rule will not interfere with the enjoyment of subordinate shares in the inams by the other members of the family, which will also be recorded on the register.

XIII. Abandonment and non-appearance of the inamdars how to be dealt with. When the inam has to all intents and purposes been entirely abandoned, there being no acknowledged owner in existence, or, if, being in existence, he omits to come forward to claim it, and when the recorded possessor fails after due notice, to appear to prove his title, such inam will, in the first instance be placed under attachment by the Assistant Superin-tendent, attached to the inam settlement, and after the expiration of one year from the date of the notice, will be held to be liable to be fully assessed to the public revenue.

XIV. The quit-rent is to be an addition to the existing jodi. The quit-rent to be imposed under the rules being a consideration required in return for an extension of rights, will be exclusive of and in addition to, any Jodi with which the land may be already charged, but the additional quit-rent will vary according to the value of the holder's rights, and will be calculated not on the full assessment of the land, but on the difference between the full assessment and the jodi already existing, which represents the net value of the land to the inamdar.

XV. Minimum rate of quit-rent and the mode of calculation. The minimum rate of quit-rent to be charged will be two annas and it will not be calculated in terms lower than two annas, when the amount is less than one rupee; it will be charged in terms of four annas for sums between one and five rupees; in terms of eight annas for sums between five and ten rupees; and in terms of one rupee when the due amount exceeds nineteen rupees.

XVI. Fractions will be avoided.—Fractions will always be avoided in the quit-rent now imposed, and in the process of combining it with the old jodi.

XVII. The nature of the Government interference. Inams once con¬verted into a permanent and alienable property under the rules, will be subject to no further interference on the part of the Government except such as may be necessary for the punctual realization of the quit-rent now charged, or the existing jodi thereon.
A. Refusal of the redemption of the existing jodi and quit-rent now charged. The redemption of the existing jodi, or the present quit-rent will not be permitted.

XVIII. Treatment for grants made by the present Government.—Inam granted by the Commissioner, with or without the sanction of the Govern-ment of India will be confirmed according to the terms of the grant without any new quit-rent; any excess, however, will be charged full rates minus 10 per cent.
A. Grants made by the Mysore Government for a certain number of lives, or old inams restricted to one or more lives, will be made permanent and transferable by the payment of one-eighth quit-rent in the first life, one-fourth in the second, and half in the third and subsequent lives.

XIX. Interpretation of the term inam.—The term inam is to be under¬stood to apply also to whole inam villages, whether held entirely free of land tax, or on a favourable quit-rent, or jodi, and such villages will be dealt with upon the same principles as are above prescribed for minor inams.

XX. Titled deed to be presented to the inamdar in acknowledgement of his inam tenure. On the validity of an inam being established, by inquiry conducted in accordance with the foregoing rules, a titled deed will at once be furnished under the signature of the Inam Commissioner acknow¬ledging the title to the inam on behalf of the Commissioner for the Govern¬ment of the Territories of his Highness the Maharaja of Mysore, specifying in it the nature and terms of the tenure.

XXI. Settlement as regards the right of Government to levy the annual quit-rent not to be questioned in any Civil Courts.—After settlement has been once made by the Inam Commissioner according to the foregoing rules it shall not be competent for any judicial Courts of the Province to question validity of his settlement, or the right to levy the quit-rent or annual payment imposed in commutation of the reversionary right of Gov¬ernment, and the concession now authoritatively made to make the inams permanent, heritable and alienable.

XXII. Appeals from Inam Commissioner's decision.—Appeals against the Inam Commissioner's decisions shall be made direct to the Commis¬sioner of Mysore. (Mow to the Government of his Highness the Maharaja of Mysore).

XXIII. Inam Commissioner not liable to be sued for any act bona fide done in his official capacity.—The Inam Commissioner duly authorised by the Government to conduct the inam settlement, shall not be liable to be sued in any judicial Court for any bona fide act done, or ordered to be made, in his official capacity.

XXIV. Quit-rent how to be levied.—All quit-rents payable under these rules shall be levied in the manner in which ordinary land revenue is recov-erable and the claims of Government to such quit-rents shall have prefer-ence over any other debt, demand/ whether in respect of mortgage, judgment, decree, execution or attachment, or otherwise howsoever, against the lands, or the holder or holders thereof.

XXV. The Inam Commissioner and his Assistants shall exercise the pow¬ers conferred upon the ordinary Revenue Courts of the State under the provisions of the Mysore Revenue Procedure Code. (Now the Land Reve¬nue Code).

XXVI. Liability of the inamdar to payments of irrigation and local taxes.—All inamdars shall be liable to contribute their quota of the pay-ments levied from all revenue paying occupiers of land towards the repairs of irrigation channels and tanks under which they hold land, and also to-wards such other local cesses as may be imposed by Competent Authority.

WHAT IS MEANT BY INAMS IN KARNATAKA (EXTRACT FROM MYSORE MUZRAI MANUAL)

WHAT IS MEANT BY INAMS IN KARNATAKA
(EXTRACT FROM MYSORE MUZRAI MANUAL)

A Inam is a grant by Government for the per¬sonal benefit of an individual or individuals or for religious, charitable or other purposes, or for service rendered to the State or to a Village commu¬nity. Lands so granted are held free of assessment, or subject to a Jodi (light assessment) or quit-rent. According to the Land Revenue Code the term "inam" or "alienation of land" means the assignment, in favour of an individual or individuals or of a religious or a charitable institution, wholly or partially, of the right of Government to levy land revenue .


HISTORY OF INAM

The origin of inams dates prior to 1800 and dates from antiquity. Under the orders of Dewan Purnaiya, a survey "Akshaya Paimayish", as it was then termed, the survey having been instituted in the Hindu year "Akshaya" was made of all inam lands. This survey was nei¬ther accurate nor perfect; still the results were of some use for purposes of inam settlement. Further, it was not a survey in terms of "acres and guntas" as of now, but of "Bijavari". Purnaiya's inam accounts were prepared "Isamwar" and "Talukwar", but not for the village, and they constitute the "original Jari Inamti accounts", or a record of valid grant, confirmed by due authority. Purnaiya is said to have restored the inams which had been resumed by Mohammedan. Rulers, not on the original terms, but with the imposition of a substantial "Jodi". He also granted fresh inams, without exceeding the total old recorded value of the inams. During his settlement, Purnaiya also dealt with excesses discovered in all personal inams over and above three Kanthirai Pagodas in value. The up-shot of his settlement appears, roughly, to have been the confirmation of inams of the value of about eight lakhs of rupees, with a Jodi however, of about three lakhs.

In earlier days the assessment was being levied both in kind and cash, on the principle that the ruling power was entitled to a certain proportion of the produce of every acre of land belonging to the State.

A number of inams were also created during the period 1811 to 1831 during the reign Maharaja Krishnaraja Wodeyar III, and large alienations were made, in addition to which a good many villages were granted on Kayamgutta or permanent tenure. Lands, with a rough assessment valuation of 3 ½ lakhs of rupees, were thus granted as inams, the jodi imposed thereon being only about half a lakh.



The grants made by the British Commission since 1831, which may be called the third epoch in inam history, were few, and were for special purposes, such as, the maintenance of topes, tanks and avenue trees, and the upkeep Chattrams. The Jodi imposed was also substantial.


In 1841, certain inams unsupported by documentary evidence, but recognised in practice, were newly registered by the Revenue Authorities in accounts, called "Chor", "Swalpa", "Chora Manya". These accounts were later on accepted by the Inam Department. In 1847 however, during the preparation of the "Aval Number" accounts, some unauthorizedly enjoyed inams were resumed.

INAM COMMISSION FOR INVESTIGATION AND SETTLE¬MENT OF INAMS.

The question of an inam settlement of Mysore was mooted in 1863; but the Inam Commission was not organised until 1864. This Commission was composed of an Inam Commissioner, a Special Assistant, and three Assistants all of whom were invested with judicial powers which were however withdrawn, when the department was reorganised in 1872.


INAM SETTLEMENT RULES.

With the approval of the Govern­ment of India, a set of Rules were issued in 1868, for the guidance of the Inam Commission, in the investigation and settlement of inams. These rules are based on the theory of the reversionary right of Government and the governing principle adopted to test the validity of inams was that only such of them were to be confirmed, as satisfied either of the following two condi­tions.

(i)     The competence of the grantor irrespective of the duration of the inam, whether 50 or less than 50 years old.

(ii)     The duration of the inam for 50 years or more irrespective of the competence of the grantor.

CLASSIFICATION OF INAMS.

The following are the various classes of inams

I. Personal inams. (a) Inams held for personal benefit. (b) Bramhadaya inams, including Agrahar inams.
II.     Religious (Devadaya) and charitable (Dharmadaya) inams.
III.     Kodagi inams.
IV.     Service inams. (a) Miscellaneous service inams such as Deshpande, Desh-mukhi, Deshkulkarni, etc. (b) Inams to Artisans and others for services rendered to the village community. (c) Village service inams.
V.     Miscellaneous Inams.

GET REGULARISATION OF REVENUE SITES WITHIN 26-06-2012 BY APPLYING TO DEPUTY COMMISSIONER

Section 95 (2A) Karnataka Land Revenue Act, 1964 says “Where any occupant of land assessed or held for the purpose of agriculture has diverted such land or part thereof to residential purpose without obtaining the permission of Deputy Commissioner under sub-section (2), prior to 31st day of December 2008 and desirous to get such diversion be regularised, shall, apply within the period of one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 2011 (AMND ACT CAME INTO FORCE ON 27-06-2011) in such form, alongwith such fee and penalty, as may be prescribed, to the Deputy Commissioner. On receipt of such application, the Deputy Commissioner may, notwithstanding anything contained in this Act, but subject to the provisions of any other law for the time being in force and subject to such conditions and in such manner as may be prescribed, on production of such evidence as he may require it to be necessary and after an enquiry, regularise or refuse to regularize except where such land,-


(i) lies in the line of natural drains or course of valley; 

(ii) belongs to the State Government or an authority owned or controlled by the State Government or any local Authority;

(iii) coming in the way of existing or proposed roads, inner or outer ring roads, national high ways, by pass over ring roads including those proposed for widening and railway lines, tram ways, mass rapid transit system projects, communications and other civic facilities or public utilities; 

(iv) is a forest land; 

(v) belonging to another person over which the applicant has no title; 

(vi) is reserved for parks, play grounds, open places or for providing any civic amenities; 

(vii) or building is abutting to neighbouring property, storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line; 

(viii) use is against height restrictions specified in zoning regulations for heritage monuments, aerodrums and Defense Regulations; 

(ix) not conforms to any clearance from high-tension lines or fire protection measures; 

(x) is in the area covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government of India; 

(xi) regularisation of violation in respect of change of land use shall be made as far as may be in accordance with section 14A of the Karnataka Town and Country Planning Act, 1961; 

(xii) or development in respect of any building having more than two floors shall be regularised unless,-
(a) a certificate from a Structural Engineer is produced regarding the structural stability of such building;
(b) a No Objection Certificate is obtained from the Fire Force Department.

(xiii) or unauthorised development or construction made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act, 1964; and 

(xiv) is covered under any other prohibition as may be prescribed:

(2AA) Burden of proving that the diversion or change of land use was made for residential purpose prior to 31st day of December 2008 shall lie on the applicant who seeks regularisation of such unauthorised diversion or change of land use. 

(2AAA) All such diversions or change of land use which are not regularised or where applicant does not apply within the time specified in sub-section (2A) shall be liable to be demolished or brought back to their earlier use and expenses incurred thereon shall be collected from such person as arrears of land revenue.”

PLANTATION LAND CONTROVERSY OF PUTUR PENDING IN SUPREME COURT

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It was contended on behalf of the State that the Tahsildar being the Secretary of the Land Tribunal should have sent the declaration filed under Section 66 of the Act by the three declarants, to the Deputy Commissioner to be dealt with under the provision of Section 79B of the Act, to consider the question by the registered partnership firm is valid or not; instead he proceeded to submit the report to the Land Tribunal which has no jurisdiction to decide the question about the lands purchased by the firm, the Tahsildar should not have been merely dependant upon the certificates of the Cardamom Board and Rubber Board to conclude that the lands in question are plantation lands, the Tahsildar has fraudulently prepared the inspection report according to which he visited the lands in question within a day and that he could not visit every nook and corner of the lands in question, that the Land Tribunal should also not have entertained the declaration filed under Section 66 of the Act as the lands have been purchased and held by the registered firm, that the Tribunal also says that the members of the Land Tribunal inspected the lands within one day, which is a make believe affair; that the statement made before the High Court in W.P. No. 42774/1982 that the excess lands have been surrendered, is also a fraud practiced on the Court inasmuch as the declarants have not actually surrendered the excess lands; that the learned Judge who decided W.P. No. 10920/1983 has opined that the Tahsildar being the Government official, there was no need to send notice to the State or other officials, that when the Tahsildar who is directly concerned with the case has practiced fraud, learned Judge should have issued notice to the Deputy Commissioner or Revenue Secretary; that the learned Judge while disposing of W.P. No. 10920/1983 has opined that the declarants claim the lands not as partners but in their personal capacity which is an error apparent on the face of the record as the declaration itself has been filed as the partners of firm; that fraud vitiates everything and therefore the order passed by the Tribunal as well as by the High Court in W.P. No. 10920/1983 are null and void as they are obtained by the declarants by practicing fraud. Therefore the review petition was filed.

Stand of the respondents on the other hand was that no fraud was committed by the respondents or by the Secretary of the Land Tribunal. Error of judgment cannot be equated to fraud and since there was a delay of 14 years in filing the review petition even after the Deputy Commissioner allegedly discovered the alleged fraud on 10.2.2003 the delay in filing the review petition which was in fact filed on 8.10.2004 has not been explained. It was their stand that non filing of the appeal by the State will not amount to fraud by the officials of the State.

The case at hand is a classic example where the circumstances are the same. More than 4000 acres of land are involved out of which, according to the State, nearly 3500 acres constitute forest land. Ultimately, the Court has to protect the public justice. The same cannot be rendered ineffective by skillful management of delay in the process of making challenge to the order which prima facie does not appear to be legally sustainable.

BURDEN OF PROOF IN AGRICULTURAL TENANCY MATTER

SUPREME COURT IN NARASAMMA VS STATE OF KARNATAKA (2009) Taking into consideration the findings of fact on the question of possession arrived at by the High Court as well as the Land Tribunal that the appellants were in cultivatory possession of the land in dispute and considering the admission made by the landlord/respondent in earlier recovery proceedings relating to arrears of rent that the appellants were tenants in respect of the land in dispute and considering the fact that on the relevant date of coming into force of the Act, viz., on 1st of March, 1974, the appellants were in possession of the land in dispute, it is conclusively established the appellants were tenants in respect of the land in dispute and the entries in the Record of Rights clearly show that the appellants were in continuous possession of the land in dispute and the nature of cultivation was gutha (rent) and further, in the absence of any material produced by the respondent to show that in fact the appellants were not tenants in respect of the land in dispute, the appellants had acquired occupancy right in respect of the land in dispute. ………….. The onus was on the respondent to show by producing material that the appellants had not acquired any status of occupancy right although they were found to be in continuous possession of the land in dispute. Since the respondent had failed to produce any material or document to prove that the appellants had not acquired any status in respect of the land in dispute and had failed to show that the entries in the Record of Rights were wrong, there is no ground to reject the claim of the appellants for conferring status of occupancy right holder in respect of the land in dispute. …………… The entries in the revenue record cannot create any title in respect of the land in dispute, but it certainly reflects as to who was in possession of the land in dispute on the date the name of that person had been entered in the revenue record. …………. The name of the appellants should be registered as an occupancy right holder in respect of the land in dispute. Accordingly, the application of the appellants for recording their names as occupancy right holders in respect of the land in dispute shall stand allowed.

CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS