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Shri Kudli Sringeri Maha Samsthanam Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR1827; 1992(3)KarLJ258

..... below the rank of a deputy commissioner', the words 'not below the rank of an assistant commissioner' shall be substituted: (b) after clause (14), the following clause shall be inserted, namely:- '(15) 'tribunal' means a tribunal constituted under section 48 of the karnataka land reforms act, 1961': (2) in section 9 - (a) in sub-section (i), for the words 'deputy commissioner', the word 'tribunal' shall be substituted: (b) in sub-section (2) (a) in clause (a), - (i) for the words 'deputy commissioner', the word 'tribunal' shall ..... commissioner' the words, 'not below the rank of an assistant commissioner' shall be substituted: (b) after clause (15), the following clause shall be inserted, namely: '(16) 'tribunal' means a tribunal constituted under section 48 of the karnataka land reforms act, 1961': (2) in section 10 (a) in the heading for the figures, letters and words '9 and 9a', the word and figures 'and 9' shall be substituted: (b) sub-section (1), for the words 'deputy commissioner' the word 'tribunal ..... to have been substituted: (b) in clause (b), at the end the following shall be inserted, namely, - 'such land shall be disposed of in accordance with the rules relating to granted lands'; (c) after clause (b), the following clause shall be inserted, namely, - '(c) the provisions of section 48a, 48c and 112 of the karnataka land reforms act, 1961 and the relevant rules framed thereunder shall mutatis mutandis apply to an enquiry for determination of a claim under this section .....

R. Rudraiah and anr. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : 1998IAD(SC)772; AIR1998SC1070; JT1998(1)SC435; 1998(1)SCALE375; (1998)3SCC23; [1998]1SCR553

..... the revisions filed in the high court under section 121-a of the karnataka land reforms act, 1961 were allowed, setting aside the orders dated 7.11.1987 passed by the appellate authority and by the land tribunal on 27.4.1987 registering occupancy rights in favour of the first appellant ..... that the said application for grant of occupancy right was filed on 7.3.1984 beyond the period prescribed by section 48-a of the karnataka land reforms act, 1961 (hereinafter called the land reforms act, 1961). ..... , it appears that there are good reasons of policy as to why, under section 107 of the karnataka land reforms act, 1961, government land is exempt. ..... appellant rely on section 5 and 8 of the village offices (abolition) act, 1961 and rule 4 karnataka village offices abolition rules, 1961 read with section 107 and 126 of the land reforms act, 1961 and form 7 under that act, to contend that unless the rights of regrant to the erstwhile village officers under section 5 of the village offices(abolition) act, 1961 is finally decided, the limitation under section 48-a of the land reforms act, 1961 does not commence?16.. ..... hence it is argued that the provision relating to the period of limitation mentioned in section 48-a of the land reforms act, 1961 namely 6 months from the commencement of section 1 of karnataka land reforms amendment act, 1978 (act1/1979) - did not come into operation till 22.1.1985 when kittamma's crp 300 of 1985 was dismissed or when appellants crp 653 of 1985 was dismissed .....

Babu Poojary Vs. Assistant Commissioner

Court : Karnataka

Reported in : ILR1995KAR2111; 1995(3)KarLJ306

..... as the question before this court is what will be the effect of introduction of new section 44 of the reforms act, 1961, (that is, karnataka land reforms act, 1961), introduced on the date above. ..... 3 issued a notice purporting to be under section 15(2) of the karnataka land reforms act 1961 to the father of the petitioner namely to late mundappa poojary. ..... as per reading of present section 44, as introduced by act 1 of 1974, all lands that were held by or had been in possession of the tenants including those against whom any decree or order of eviction had been passed or a certificate of resumption had been issued immediately before the date of commencement of the amending act 1 of 1974 with the exception of the lands which were held under the lease permitted under section 5 of the karnataka land reforms act, for short 'reforms act', stood vested with effect from the ..... , zamindari abolition and land reforms act or karnataka land reforms act and subsequently made necessary amendments in the acts, such as introduction of present section 44 substituting it in the place of earlier section 44 in the reforms act.17. ..... in the present case, it is no doubt true that on the date that is, on 1.3.1974, when section 44 of the karnataka land reforms act was introduced or on 27.2.1974, the petitioner was in occupation of the land as a tenant under the lease granted by the mother or by the father. .....

Shri Dharmarayaswamy Temple Vs. Chinnathayappa

Court : Karnataka

Reported in : ILR1990KAR4242

..... . after all this, the respondents moved the land tribunal established under the provisions of the karnataka land reforms act, 1961 for grant of occupancy rights in respect of the very lands in sy. no ..... this petition is presented by sri dharmarayaswamy temple, bangalore, represented by its committee of dhamadarshis questioning the legality of the order of the land tribunal, bangalore north taluk allowing the applications filed by respondents-1 to 10 under section 48-a(1) of the karnataka land reforms act, 1961 and granting them occupancy rights in respect of land in sy. no. ..... . the karnataka land reforms act, 1961, came into force on 2-10-1965 ..... section 4 of the mysore tenancy act on which they relied (which is exactly similar to section 4 of the karnataka land reforms act, to which we shall refer later) reads:-'4. ..... . the applicants are tenants who continued in possession lawfully, even as on 1-3-1974 and they are entitled for registration of occupancy rights under section 45 of the land reforms act, notwithstanding the fact that respondent inamdar was granted occupancy rights under section 8 of the karnataka (religious and charitable) inams abolition act and accordingly allowed these applications and the applicants are granted occupancy rights in sy. no ..... . 10278, 10278a and 10278b of 1988, they moved the land tribunal, bangalore north taluk, for the grant of occupancy rights under the land reforms act, 1961 .....

The Corporation of the City of Bangalore Vs. B.T. Kampanna

Court : Supreme Court of India

Reported in : AIR1976SC2361; 1976(2)KarLJ205; (1976)3SCC716; [1977]1SCR269; 1976(8)LC763(SC)

..... on lease from a landlord and includes (i) a person who is deemed to be a tenant under section 4 of the karnataka land reforms act, 1961, section of the karnataka land reforms act, 1961 states that a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not (a) a member of the owner's family, or (b) a servant or a hired labourer on wages, or (c) a mortgage in possession it was, therefore, said that the respondent could raise ..... contended that section 8 of the karnataka land reforms act, 1961 speaks of rent and rent is referable to tenant and therefore a dispute as to tenancy would be within the ambit of the karnataka land reforms act, 1961.11. ..... counsel for the respondent contended that section 133 of the karnataka land reforms act 1961 excludes jurisdiction of civil court in suits for possession where the defendant claims to ..... in this appeal whether section 107 of the karnataka land reforms act, 1961 applies to the land in suit which was leased to the respondent.3 ..... the respondent contended relying on section 133 of the karnataka land reforms act, 1961 that the suit should be stayed by the civil court and should be referred to the ..... section 133 of the karnataka land reforms act 1961 cannot apply to lands which are held by a person on lease from the local authority or where the lease had expired and the local authority sues for possession on the ground that there .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... whether section 110 of the karnataka land reforms act, 1961, as amended by the karnataka land reforms amendment act, 1973, (act 1 of 1974), which came into effect from 01.03.1974, read with section 79 b of the said act, introduced by amending act 1 of 1974, violates the basic structure of the constitution, in so far as it confers power on the executive government, a delegatee of the legislature, of withdrawal of exemption of linaloe plantation, without hearing and ..... of roerich and devika rani roerich estate (acquisition & transfer) act, 1996 (in short the acquisition act ), the legal validity of section 110 of the karnataka land reforms act, 1961 (in short land reforms act ), the notification no. ..... (d) there is no repugnancy between the provisions of the land acquisition act, 1894 and the karnataka land reforms act, 1961, and hence no assent of the president is warranted under article 254(2) ..... we, therefore, repel the challenge on the validity of section 110 of the karnataka land reforms act as well as the notification dt.8.3.1994 and we hold that the land used for linaloe cultivation would be governed by the provisions of the land reforms act which is protected under article 31b of the constitution having been included in ..... law and parliamentary affairs in their note no.108:/l/11/94 dated 1.3.1994 opined that the exemption given under section 107 of the land reforms act, 1961 can be withdrawn by the government by issuing a notification as per section 110 of the land reforms act. .....

K.T. Plantation Private Limited and anr. Vs. State of Karnataka

Court : Karnataka

Reported in : 2002(6)KarLJ27

..... the prayer in the present writ petition is to declare section 110 of the karnataka land reforms act, 1961 (in short, the 'land reforms act') and the roerich and devikarani roerich estate (acquisition and transfer) act, 1996 (in short, the 'acquisition act') as unconstitutional and also to quash the gazette notification, dated 18-3-1994 issued by the state government under section 110 of the land reforms act, by which exemption granted to the lands used for cultivation of linaloe trees from operation of the land reforms act hag been withdrawn.3. ..... rd 217 lra 93, bangalore, dated 8th march, 1994in exercise of the powers conferred by section 110 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962), the government of karnataka hereby directs that the land used for cultivation of linaloe referred to in clause (vi) of sub-section (1) of section 107 of the said act, which has been exempted from all the provisions of the act except section 8, shall not be exempted from any of the provisions of the said act'.19. ..... in the present case, admittedly, the karnataka land reforms act was placed in the ninth schedule to the constitution in 1964 and there-fore, the law laid down by the supreme court in his holiness kesavananda bharati sripadagalvaru's case, supra, has no application to the provisions contained therein including impugned section 110 of the land reforms act which was there right from the inception.17. .....

Dr. A.S. Rashid Ahmed Vs. Gopalakrishna Kamath

Court : Karnataka

Reported in : ILR1991KAR3648; 1992(1)KarLJ195

..... constituted 'agricultural lease' under the karnataka land reforms act, 1961 or lease of a 'building' or 'premises' as defined in section 3(a) and 3(n) respectively of the act? ..... and 4 plots of paddy fields measuring 1 acre 54 cents and having regard to the definition of land in section 2(18) of the karnataka land reforms act which includes land which is capable of being used for agricultural purposes and the observations made by this court in the case of venkatesh shet that 'if the subject matter of the suit is wet land, prima facie the lease will be one for agricultural purposes and the matter will be one relating ..... to agrarian relations' the subject matter of the eviction petition can by no means be regarded as 'building' or 'premises' as defined under the act ..... of reasonable and bonafide requirement of the premises by the petitioner in view of their finding on the vital point that the premises was an agricultural lease falling within the ambit of the karnataka land reforms act, and not under the act. ..... by contending that the civil court had no jurisdiction to deal with an agricultural lease as it was governed under the provisions of the karnataka land reforms act.4. .....

Hanumanthaiah and ors. Vs. the Land Tribunal and ors.

Court : Karnataka

Reported in : ILR2003KAR1410; 2003(3)KarLJ482

..... on record clearly shows that the applicant cannot be treated to be a deemed tenant within the meaning of section 4 of the karnataka land reforms act, 1961. ..... that the provisions of the mysore tenants (protection from eviction) act, 1961 and land revenue code are not helpful to the applicant in the present case and section 8 of the karnataka village offices abolition act, would also not come to the rescue of the applicant and in absence of any material on record to show that he was cultivating the land as a tenant as on 1.3.1974, the question of conferring occupancy rights by the land tribunal under the karnataka land reforms act, would not arise. ..... coming into force of the land reforms act, 1961 (for short, 'the act'), as amended in 1974, ..... once the said land was auctioned by the tahsildar to hanumantaiah, he can be held to be a 'deemed tenant', who even after expiry of lease period on 19.6.1962 was in possession of the land, and the learned single judge erred in not considering section 4 of the tenancy act, 1952, as well as section 7 of the mysore tenants (temporary protection from eviction) act, 1961 and observing that the protection given to the tenants under the said provisions was not available to ..... that the appellant cannot take advantage of section 8 of the act and karnataka village offices abolition act, (for short, 'kvoa act') which came into force from 1.2.1963 and under this provision an applicant cannot be held to be a deemed tenant unless he holds the land lawfully. .....

Huvappa Mahadev Mense Vs. Land Tribunal

Court : Karnataka

Reported in : ILR1987KAR2797; 1987(2)KarLJ327

..... , bombay act 67/48 as amended by bombay act 13/56 came to be repealed by the karnataka land reforms act, 1961 (act 10/62) (for short referred as the 'land reforms act'). ..... the status of a tenant entitled to registration as an occupant under section 45 of the karnataka land reforms act, 1961, which was not granted.2. ..... being registered as an occupant under the land reforms act as amended by karnataka act no. ..... was not proved that the petitioner was cultivating the lands in question as a tenant at the time when the court of wards assumed the management of the lands in question in the year 1938; that he came to cultivate the lands in question only during the management of the court of wards, and therefore, in view of the provisions of section 88 of the bombay act 67/48 as amended by bombay act 13/56, and section 108 of the land reforms act the lands in question did not vest in the state government ..... was inducted by court of wards therefore, section 108 of the land reforms act is relevant to his claim which reads as follows :'108: lands taken under management of the court of wards, etc. ..... provisions of section 108 make it clear that nothing in the provisions of the land reforms act except section 8 (relating to rent) shall apply to lands taken under the management of court of wards. ..... for consideration is, whether a person inducted as a tenant by the court of wards in the year 1938 can claim the benefit of the land reforms act after the withdrawal, in 1968 by court of wards, of its management.9. .....