Service inam lands

Querist : Anonymous (Querist) 25 August 2020 This query is : Resolved
We are in possession and enjoyment of a piece of service inam land since about 50 years in Karnataka. RTC and Katha are not recorded in our name despite several requests. These are in the name of holder of service inam. Our application for grant of right as tenant has been rejected though details are not available. The piece is not re-granted either. Kindly let us know the options available to get the rights.
Can we apply for grant under Bagair Hukum provisions or can we approach the court on the basis of Adverse Possession. Is there any other avnue?

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For 50 years, you've occupied and enjoyed a service inam land in Karnataka, but the RTC and Katha remain in the original holder's name. Despite your application for tenant rights being rejected and the land not being re-granted, you continue to pay land revenue. You're seeking options to secure your rights, including applying under Bagair Hukum provisions or pursuing a claim based on adverse possession. The land revenue records should reflect your possession and payment, and after the Inam Abolition Act, the land should legally vest with you as the tiller, not the service inamdar.

P. Venu

(Expert) 26 August 2020
Are you paying any rent to the alleged inam holder? Who is paying land revenue for the property? How is the property registered in the land revenue records?

niranjan (Expert) 26 August 2020
Is service Inmamdar declared as Inamdar under Inam Abolition Act? Is your name appears in Record of right as secondary holder of land? Is your name appears in cultivation as cultivator/tenant/labour etc.in what capacity? you can apply to tenency mamlatdar to purchase the land from inamdar on payment of price fixed according the Act.

Querist : Anonymous (Querist) 27 August 2020
After the abolition of Inam, the land vests with Govt. The service inamdar has no rights as the land is not re-granted to him. The land revenue is being paid by us. The RTC and Katha are in the name of service inamdar and is not claiming any rights as he has relinquished his rights in our favour through an unregistered sale deed long back. Kindly let us know whether there is any avenue to get the rights.

Rajendra K Goyal (Expert) 27 August 2020
Local law applicable, discuss with local lawyer.

P. Venu

(Expert) 27 August 2020
Different States had enacted and implemented specific laws abolishing the intermediaries in levying land revenue and making the tiller the holder of the land paying land assessment directly to the Government. The uniform principle in such measures in doing away with inams and such aliented tenures has been that the person who had appropriated the land had been enabled and empowered to hold the land as 'occupants' and all the waste lands had been rendered Government property.

As such, the relevance of alleged relinquishment deed belays comprehension. Anyhow, the implementation of the Inam Abolition Act has rendered you the holder of the land. The entries in the land revenue or the municipal records are of much consequence. You may take steps to get the mutation carried out.

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