AIR 2009 SUPREME COURT 373 ::2008 AIR SCW 7419 ::2009 (1) AIR Kar R 142 ::2008 (9) SCC 607 ::2008 (12) Scale 429 ::2009 (2) KantLJ 84

Supreme Court Of India

(From : Karnataka)

Hon'ble Judge(s): Tarun Chatterjee, H. S. Bedi , JJ

Mysore (Religious and Charitable Inams) Abolition Act (18 of 1955) , S.6A— Grant of land to archak - Would not disentitle other members of family of right to land - Such granted land is, therefore, available for partition. R.F.A. No. 126 of 1996, D/- 24-7-2006 (Kant), Reserved. @page-SCW7420 In the instant case, the grant in favour of respondent was made because his father was the archak of the temple and he, being the eldest in the family, there was no objection expressed for granting the land to him. Therefore, the inam lands cannot be regarded as the individual property of the grantee. Fact that the appellant has not performed functions as archak, nor cultivated the land personally, would not be a ground to disentitle him from seeking patition. R.F.A. No. 126 of 1996, D/-24-07-2006 (Kant.), Reversed.(Para 11 12) Such grants are meant for the benefit of the family of the tiller and not him indi vidually and for this reason, there can be no justification to disregard the rights of the junior members of the family if their eldest member was performing the duties of archak with the consent of others. Thus, the grant of land to archak cannot disen title the other members of the family of the right to the land and such granted land, therefore, is also available for partition. It w....