Court : Karnataka
Reported in : ILR2004KAR5062
..... the petitioner who is registered as an occupant under section 45 of the karnataka land reforms act of 1961 (in short called as klrf act) in respect of 13 acres 23 guntas of land in survey nos. ..... narayanappa : ilr1988kar1398 referred to supra is also not applicable to the fact situation of this case for the reason that the karnataka land reforms act is a special enactment. ..... the issuance of preliminary notification by the state government under the provisions of karnataka urban development authority act of 1987 for acquisition of the lands in question is not in dispute. ..... the surrendered land shall be at the disposal of the state government.5. ..... section 62 of the klrf act stipulates that, if the person who has been registered as occupant under chapter -iii of the klrf act or his successor in title intends within six years from the date of such registration to give up personal cultivation of the land, he shall surrender the land to the state government. ..... there is no provision in the klrf act to relax the condition regarding non alienation of the lands either by the state government or any other authority.6. ..... ravi prakash has placed strong reliance upon the decision of this court reported in state of karnataka v. ..... the petitioner has not stated that he has cultivated the lands personally for three consecutive years. ..... for the reasons stated supra, it is not a fit case for this court to interfere with the impugned endorsement and the order.13. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ182
..... 3scc593 tenancy and land laws - karnataka tenancy act, 1952) - section 5 - rights of tenant - tenant continuing in possession of the land from 1950 to 1965 -meanwhile the 1961 act coming into force -landholder asserting that tenant had surrendered his interest and in support showing entries in revenue records - but no proof of eviction on statutory grounds existing - held, tenancy was not terminable -surrender of tenancy under proviso to s.5 should be proved strictly and not merely on the basis of entries in revenue records - karnataka land reforms act, 1961 - mutation entries ..... 2000 sc 1676 supreme court held thus:karnataka land reforms act - section 44-conferment of occupancy rights - tenant in possession on relevant date despite resumption order passed in favour of landlord - entire land in his possession gets vested in state government by virtue of section 44 - tenant cannot be refused occupancy rights merely because in proceedings for resumption initiated by landlord, tenant has agreed to forgo his claim to the extent of 50% of the land in his occupation.in the case of ..... , supreme court held thus:bombay tenancy & agricultural lands act (67 of 1948)(as amended in 1952), section 5(3)(b) - bombay tenancy & agricultural lands rules (1956), rule 2-a -surrender by tenant - requirements - provisions are mandatory and not directory - non-compliance - effect - verification - non-recording of satisfaction by authority - surrender vitiated.in the case of state of karnataka v. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR2775; 1985(2)KarLJ111
..... the tribunal accepted the surrender and a copy of the same was served upon the tahsildar, who, as required under section 73(1) of the act, published the notification dated 3-3-1978 in the karnataka gazette dated 6-4-1978 containing the particulars of the lands vested in the state government and deemed to have been surrendered as per the gazette notification, the copy of which is at ..... an application in form-11 under section 66 of the karnataka land reforms act, 1961 (for short the 'act') declaring the total extent of his holding, the number of members in his family, the nature of the land and other particulars, before the 2nd respondent-land tribunal. ..... -section (1) of section 73 stipulates that after the service of the order made under section 67, the tahsildar shall publish a notification containing the particulars of the lands vested in the state government ..... and 437a/ib of uttangi and ittige village respectively which were accepted by the tribunal and which were vested in the state government as could be seen from the notification dated 3-3-1978 published in the karnataka gazette dated 6-4-1978. ..... presented an application in form-11 as required under section 66 of the act declaring his holding with necessary particulars, the tribunal after holding an enquiry, made an order on 8-8-1977 as per annexure - a declaring the holding of the petitioner was in excess by 6 acres and further indicating that the petitioner shall surrender 6 acres of land to the government before 20-8-1977. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2515; JT2009(8)SC212
..... in fact, this surrender was not under section 4, but should have been under section 25 of the karnataka land reforms act, 1961 because by then, the land reforms act had come on the legal anvil. ..... the surrender of tenancy, which took place on 5.3.1968 in between jinnappa and govinda bhat was under the provisions of the karnataka land reforms act, 1961, since that act had come on the anvil. ..... the karnataka land reforms act, 1961 being act 10 of 1962 came into force on 2.10.1965, i.e. ..... in respect of the whole property in the civil suit and very strangely, she got the injunction, which injunction dispute went right up to the high court and which injunction dispute came in the lap of the land tribunal on account of the fact that by that time, the tribunal had come into existence due to the passing of karnataka land reforms act, 1961. ..... , 1.6 acres, there were valid surrender proceedings, which proceedings were never challenged by laxmi and, therefore, the land tribunal, as also the land reforms appellate authority were in total error in going into the correctness or otherwise of the said surrender and writing a finding that the said surrender was brought about by fraud. ..... , the day, which was appointed by the state government under section 1(3) of the said act. ..... before this act came on the anvil, admittedly, parties were being governed by madras cultivation and tenant protection act, 1955. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1988Kant123; 1988(1)KarLJ34
..... notwithstanding any judgment, decree or order of any civil court, the tribunal constituted under section 48 of the karnataka land reforms act, 1961 shall enquire into any claim for registration as occupant made by a person who was a tenant within the meaning of the said act immediately prior to march 1974 and who by reason of any such judgment, decree or order has subsequent to the said date been dispossessed of the land of which he was a tenant or is in any way precluded from pleading his ..... the state government was only to get holdings in excess of the ceiling emit, which were to be surrendered to state government, under ..... it provides for vesting of all tenanted lands in the state government with effect from 1st march 1974, and tenants are to be registered ..... 133 would not govern the pending appeals and it governs only suits, cases or proceedings and bars the civil, or criminal court or officer or authority from deciding the question whether the land is agricultural or not whether the person claiming to be in possession is or is not a tenant of the land prior to 1st ..... 4 of this amendment act stated that no civil court shah grant temporary injunction in respect of an agricultural land except after service of notice on ..... having regard to the observations of the supreme court in dewaji's case : [1969]1scr573 the bar will govern the appeal proceedings also.23. ..... first time, provision was also made to vest the lands in the state if immediately prior to lst march 1974such lands were tenanted. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR1257
..... of the karnataka land reforms act, 1961 (the act) furnishing therein certain particulars regarding the lands held by her ..... who will have held the preliminary enquiry or his successor in office may be asked to participate in the proceeding and represent the state government and its interest. ..... order, determining the petitioner as a surplus holder, she is asked to surrender 50 acres and 25 guntas to the government.2. ..... besides hearing the learned government pleader for the respondent state, having secured the papers from the tribunal, i have also perused the ..... of such a declaration, the tahsildar shall have to hold an enquiry as prescribed under section 67(1)(a) of the act read with rule 24 sub-rule (1) of the rules. ..... the circumstance, quashing the impugned order, the matter be remitted to the tribunal for a fresh disposal according to law, it is her case that her client was not a surplus holder and therefore, was not liable to surrender any land at all as called upon.3. ..... as provided under section 65 of the act, such a declaration is required to be made within the time prescribed to the tahsildar within whose jurisdiction the holding of the person or the greater part thereof is ..... the learned government pleader submits that the guidelines contained in rule of the rules may as far as possible also be adopted by the tribunal in the matter of holding an enquiry on the declaration furnished in ..... petition is directed against the order of the land tribunal, saundatti, dated 29-9-1981 (annexure-e) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2577; JT2009(13)SC560; 2009(6)SCALE677; 2009(5)LC2366(SC):2009AIRSCW4491:2009(3)LHSC1893:2009(5)AIRKarR135
..... the declaration under section 66(4) of the karnataka land reforms act, 1961(hereinafter referred to as the `act') was filed by the three partners of the firm i.e.. ..... many matters concerning the state government and the central government are delayed either by the nature of bureaucratic process or by deliberate manipulation of the same by taking advantage of loopholes in the conduct of litigation. ..... it was further observed that if the state felt that the lands surrendered by the respondents are not suitable, it is open to the state to initiate action under section 67(3a) of the act. ..... liberty was given to the tribunal or the state to initiate steps for getting the land surrendered in accordance with section 67 by initiating necessary proceedings.10. ..... stand of the respondents was that lands were surrendered by the declarants before the surveyor of the state who had accepted the possession. ..... however, liberty was given to the state or the tribunal to get the land to the extent of 368.16 acres surrendered in accordance with law.9. ..... the high court accepted that the land was surrendered before the tribunal as is required under law. ..... the state found that the allegation of fraud related to non surrender of the land. ..... 42774/1982 that the excess lands have been surrendered, is also a fraud practiced on the court inasmuch as the declarants have not actually surrendered the excess lands; that the learned judge who decided w.p. no. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR524; 1994(1)KarLJ542
..... this petition is directed against an order made by the land tribunal on 5.2.1987 by which the petitioner has been declared to have 3 acres 27 guntas of 'd' class land in excess of the ceiling limit and directed the petitioner to surrender the same in terms of section 67(2) of the karnataka land reforms act, 1961 (hereinafter referred to as the act).2. ..... section 63 thereof is made applicable not only to lands which are holdings as on 1.3.1974 but also to lands which are acquired subsequently under section 64 of the act and in case of a land provided with any irrigation from source constructed by the state government subsequent to 1.3.1974, the classification of land will get altered and the extent held by the family will have to be redetermined as provided under section 65a of the act. ..... with reference to the date on which they acquired right or the land becomes irrigable and falls into a better classification and therefore is deemed to be a surplus land from the date of the construction of irrigation and thus the relevant date in either of these two cases becomes the date of acquisition or the date on which the land is converted into better class the date of completion of irrigation work referable to section 3 of the karnataka irrigation (levy of betterment contribution & water rate ..... therefore, it cannot be stated that the view that we have taken will always be advantageous to the declarant who has to make a declaration under section 64(1)(b) or (c) of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIIAD(SC)58; JT1996(11)SC618; 1996(7)SCALE713; (1997)3SCC593; [1996]Supp6SCR692; 1997(1)LC26(SC)
..... acts/rules/orders: karnataka tenancy act, 1952 - section 5; karnataka land reforms act, 1961; karnataka (horticulture department) recruitment rules, 1974 cases referred: balesha ram ..... had held that ejection of a tenant under a decree obtained prior to the coming into force of the karnataka land reforms act, 1961 had come into force was illegal and that he was entitled to restitution of the possession illegally taken away ..... the land could not be registered in favour of the tenant who was not in actual possession immediately prior to 01.03.1974 was not relevant for the purpose of deciding the question as to whether the land stood vested in the state government under section 44 of the act'.6 ..... in this case, land holder has merely asserted that the tenant had surrendered the land and entries in revenue records were received in ..... the proviso, though enables a landlord to obtain possession on surrender, it must be proved strictly, as several devices would be used to circumvent the beneficial provision and illiteracy and ignorance of the tenant would be taken ..... sub-section (2) of section 5 of the tenancy act reads as under :'notwithstanding any agreement usage or law to the contrary, no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned is section 15.provided that with the consent of the landlord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interest as a tenant in favour of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR2326
..... the karnataka land reforms act, 1961), lost all its force in an urban agglomeration.one question that arises from the contentions of the learned counsel is: if the state legislation (here, the land reforms act, 1961) was already in existence, having been legislated when the state legislature had admittedly, competence to legislate, whether it will cease to operate immediately on passing of a resolution under article 252 of the constitution, whereby the state legislature resolves to transfer the competence in respect of the same subject matter, ..... chapter iii contains sections 44 to 62 and provide for vesting of tenanted lands in the state government with effect from 1-3-1974, conferment of occupancy right on the tenant and ..... noted that the andhra pradesh act came into force on 1st january 1975 and it was with reference to this date that the surplus holding of land in excess of the ceiling area was required to be determined and if there was any surplus, it was to be surrendered to the state government. ..... 'the contention urged there and the answer thereto wen stated at para-6, thus:'the argument of the landholders was that the andhra pradesh act sought to impose ceiling on land in the whole of andhra pradesh including land situate in urban agglomerations and since the concept of urban agglomeration defined in section 2(n) of the central act was an expansive concept and any area with an existing or future population of more than one lakh could be notified to be an urban agglomeration, .....
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