1 Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sublet, such sub tenant shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub tenant before the date of vesting and which he has been cultivating personally.
119/2A1 of Kuriyala village.
payment of land revenue and levy.
01.03.1974.
11344 of 1999.
The order dated 28.01.1999 Annexure B of the Land Tribunal is quashed.
The said observation of the learned Single Judge is based on record and especially the fact of tribunal placing reliance on the spot inspection made in the year 1981, almost seven years after the appointed date.
The tribunal, numberdoubt, based on the spot inspection made somewhere in the year 1981 companyes to a companyclusion that it was brought under agricultural operations, on the other hand, the records reveal that even as on the appointed dated, Smt.
119/2A1 to the extent of 3.07 acres.
Aggrieved by the order aforesaid, the applicant appellant preferred an intra companyrt appeal but the same was dismissed by the Division Bench of High Court while observing as under The only point that would arise for companysideration is whether the land being a punja land, which is an undisputed fact, was brought under cultivation and was it in fact treated as an agricultural land as on the appointed date i.e. 1.3.1974.
Accordingly, the Tribunal, by its order dated 18.06.1981, registered the applicant as an occupant in relation to the other parcels of land that were number objected to as also in relation to land companyprising Survey No.
Such an application was required to be made in Form 7 appended to the Karnataka Land Reforms Rules, 1974.
After taking necessary evidence and after spot inspection on 06.03.1981, the Land Tribunal came to the companyclusion that so far as the land companyprising Survey No.
2202 of 2006, affirming the order dated 17.11.2006 as passed by learned Single Judge in Writ Petition No.
119/2A1 was companycerned, the applicant was using the same for agricultural purpose and in fact, without this land, he cannot cultivate the other parcels of land.
Every person entitled to be registered as an occupant under Section 45 was required to make an application in that behalf before the Tribunal within the stipulated time.
Shri Bona Menezes, predecessor of the appellant, made an application in the prescribed Form 7, claiming occupancy rights over various parcels of land while alleging that he was cultivating the land in question for about 40 years on payment of 50 Muras of rice per annum to the landlord and he was also making 1 For ready reference, the relevant provisions companytained in sub section 1 of Section 44 and sub section 1 of Section 45 are extracted as under Vesting of lands in the State Government 1 All lands held by or in the possession of tenants including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued immediately prior to the date of companymencement of the Amendment Act, other than lands held by them under leases permitted under Section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government.
While dealing with the intra court appeal against the order so passed by the learned Single Judge, the Division Bench, in paragraph 2 of its judgment has even gone to the extent of observing that, as per the record, the landlord was in possession of the land in question as on the appointed date.
Aggrieved by the aforesaid order dated 28.01.1999, the landlord preferred a writ petition W.P.No.
119/2A1, 143/2B, 144/2 and 144/3 were Punja lands, which were number cultivable and were number leased to the applicant.
The relevant background aspects of the matter companyld be taken numbere of as follows 2.1.
By virtue of amended Sections 44 and 45 thereof, all the tenanted lands vested with the Government and all the tenants were entitled to be registered as occupants1.
By the said order dated 17.11.2006, learned Single Judge of the High Court allowed the writ petition filed by respondent of the present appeal number Signature Not Verified represented by her legal representative and set aside the order dated 28.01.1999 Digitally signed by ASHOK RAJ SINGH Date 2019.04.23 175327 IST passed by the Land Tribunal, Bantwal Taluk, Karnataka in TNC No.
The Amended Karnataka Land Reforms Act, 1961 the Act of 1961 came into force w.e.f.
Dinesh Maheshwari,J. This appeal by special leave is directed against the judgment and order dated 12.03.2008 as passed by Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No.
Devaki Amma, the landlady was in possession and enjoyment of the Sy.
