SRI SANGAPPA KALYANAPPA BANGI (DEAD) THROUGH LRS. versus LAND TRIBUNAL, JAMKHANDI AND ORS.

SRI SANGAPPA KALYANAPPA BANGI (DEAD) THROUGH LRS. versus LAND TRIBUNAL, JAMKHANDI AND ORS.

Testamentary disposition (devise or bequest) of tenancy rights is an assignment prohibited by Section 21; only natural heirs recognized under personal law are entitled to succeed tenancy rights.

Parties
Appellant: Sri Sangappa Kalyanappa Bangi (Dead) through LRs.; Respondents: Land Tribunal, Jamkhandi and Ors.
Jurisdiction
India
Judgment Date
15 September 1998
Procedural Posture
Civil Appeal / Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Assignment of Tenancy Rights, Testamentary Disposition, Heirs Under Section 21 of Karnataka Land Reforms Act
Tenancy and Land Laws Assignment of Tenancy Rights Testamentary Disposition Heirs Under Section 21 of Karnataka Land Reforms Act

Case Brief

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Parties

Sri Sangappa Kalyanappa Bangi (Dead) through LRs.

Appellant

Land Tribunal, Jamkhandi and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court

Legal Issues

  1. 1 Whether testamentary disposition of tenancy rights amounts to assignment prohibited under Section 21 of Karnataka Land Reforms Act
  2. 2 Meaning of 'heirs' under Section 21 in the context of tenancy succession

Ratio Decidendi

Testamentary disposition (devise or bequest) of tenancy rights is an assignment prohibited by Section 21; only natural heirs recognized under personal law are entitled to succeed tenancy rights.

Court Disposition

Appeal dismissed

Orders

  • Each party to bear their respective costs.