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Judgment Search Results Home > Cases Phrase: karnataka land reforms act 1961 section 65a certain lands deemed to be in excess of ceiling area Page 1 of about 58 results (0.146 seconds)

Jan 12 1994 (HC)

Pushpavathi Bai Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR524; 1994(1)KarLJ542

..... 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. ..... visualised where a person born after 1.3.1974 acquires land which is in excess of ceiling area to whom section 64 is attracted. ..... this conclusion we may usefully refer to the explanation added to section 65a which refers for the purposes of section 65a the land shall be deemed to have been converted from the date of completion of the ..... proviso to section 63(2) of the act does not fall outside section 64 for that section itself provides that the ceiling area the family can hold will have to be computed in terms of section 63 of the act and therefore the legislature itself has contemplated the extension of additional benefits to family consisting ..... in case of every person who acquires lands in excess of the lands specified in section 64 and every person whose land is deemed to be in excess of the ceiling area under section 65a, shall within the prescribed period furnish a declaration and that period is 90 days as provided under rule ..... under the will of smt neelawa, her grand-mother, she having got certain lands as a legatee and the said neelavva having died on 21.2.1976, the petitioner in terms of section 66(1)(b) of the act filed a declaration on 20th july 1977. .....

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Jul 15 2005 (HC)

Chambanna Fakeerappa Alias Channamallappa Toggi (Deceased) by L.Rs. an ...

Court : Karnataka

..... under challenge is liable to be set aside.initially, the petitioners herein filed an appeal under section 118 of the karnataka land reforms act, 1961, before the land reforms appellate authority, dharwad in l.r.a. no. ..... the appeal, an amendment was brought to the karnataka land reforms act in 1990 and the land reforms appellate authority was abolished. ..... that since fakirappa and others have filed a suit for setting aside the auction sale dated 10-10-1936, the rights of respondents 3 and 4 were protected under section 133 of the land reforms act. ..... thereafter, late gangadharappa filed a suit and it was decreed, he had purchased the said, land in an auction sale on 10-10-1936 and through him, respondents 3 and 4 herein purchased the ..... 14(db), wherein it has been held that:if a person had been a tenant of the land even prior to his purchase of the land, the lease would be extinguished if such purchase was valid, as there would be a merger of the interest of the landlord and ..... of 15 acres 27 guntas situated at hanamanal village, on the ground that the order passed by the tribunal is against the settled principles of law and respondents 3 and 4 who had purchased the said land from one gangadharappa in the year 1971 is not entitled to get any occupancy rights. ..... has been held that:a tenant of a female member of a hindu family to whom the land was granted for maintenance also cultivates lawfully and would be a deemed tenant under section 4 of the bombay tenancy and agricultural lands act, 1948. .....

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Feb 01 2006 (HC)

Yeribasavana Gouda and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2006(2)KarLJ198

..... section 121-a of the karnataka land reforms act, 1961 are directed against the order passed by the district land reforms appellate authority, bellary, dated 31-8-1989, setting aside the order passed by the land tribunal, bellary, dated 11-9-1986 and holding that the landlord has failed to prove that he was getting the land in question cultivated through hired labourers and that the tenant has also failed to prove that he was cultivating the land ..... land tribunal, bellary, seeking conferment of occupancy right under section 48-a of the karnataka land reforms act, 1961 (hereinafter called as the 'act') in respect of the land ..... as such on 1-3-1974 and further holding that the land ..... to the appellate authority does not arise and this court in exercise of power under section 121-a of the karnataka land reforms act, cannot appreciate the material on record and confer occupancy right or reject the application filed holding that the applicant-tenant has failed to prove that he was tenant of the land as on 1-3-1974 and once it is held that the order passed by the appellate .....

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Apr 10 1995 (HC)

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. ..... the land reforms acts are a social welfare legislation, the purpose of which as per preamble of the act is to indicate a uniform law relating to agrarian relations, conferment of ownership on tenants and ceiling on the land holdings and certain other matters. ..... 3 and 4 by the above mentioned learned counsel that the deed, annexure-d which was executed on 27.2.74, had been registered on 27.6.74, but in view of the provisions of section 47 of the indian registration act the deed transferred will be deemed to have been effected from the date of execution of the deed of settlement or partition dated 27.2.74 and not from 27.6.74 the date of its registration. ..... time being in force and save as otherwise provided in this act, the consequences as hereinafter set forth shall, from the beginning of the date specified in such notification (hereinafter referred to as the date of vesting) ensue, namely:- (a) all rights, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including land (cultivable or barren), grass land, scrub jungle, forest, trees, fisheries, wells, tanks, ponds .....

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Feb 21 2008 (HC)

Jayalakshmamma Vs. N. Srinivasa Sastry (Dead) by L.Rs and anr.

Court : Karnataka

Reported in : 2009(1)KarLJ175; 2008(3)KCCRSN217

..... the petitioner has filed the instant civil petition praying to treat the appeal as writ petition and to dispose of the matter on merits on the ground that, in view of the abolition of land reforms appellate authority, in view of amendment of the karnataka land reforms act, 1961.2. ..... when the said appeal was pending adjudication before the land reforms appellate authority, bangalore district, bangalore, the appellate authority has been abolished in view of the amendment to the karnataka land reforms act, and parties are permitted to file civil petition before this court under section 17 of the karnataka amendment act 18 of 1990. ..... 378/1, the question of again filing an appeal before the land reforms appellate authority by the petitioner in respect of the said land does not arise. ..... lrf:atc:514:75-76 has filed an appeal before the land reforms appellate authority, bangalore district in lra no. ..... when the matter had come up for consideration before the land tribunal, anekal on 5th october, 1979, petitioner's husband has withdrawn his claim made in respect of sy. no ..... after careful evaluation of the entire original records available on file at threadbare and after microscopic evaluation, what it emerges is that, petitioner being aggrieved by the order passed by the land tribunal dated 5th october, 1979, bearing no. ..... once the husband of the petitioner had appeared before the land tribunal and withdrawn his claim in respect of land bearing sy. no. ..... of 1987 and also the records of the land tribunal. .....

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Feb 13 2002 (HC)

Bharamappa Puttappa Uppar and ors. Vs. Smt. Sushilabai and ors.

Court : Karnataka

Reported in : 2002(3)KarLJ577

..... failed in her efforts and in respect of which, learned counsel for the appellants as well as the contesting respondent submit that the owner had preferred an appeal against the order dated 16-9-1970 passed under section 14(4) of the karnataka land reforms act passed by the n additional munsiff and judicial magistrate first class, haven in l.r.c. no. ..... aspect that has been brought to our notice is that there was an effort on the part of the owner to resume the lands from the possession and cultivation by the appellant-tenants by making an application under section 14(1) of the karnataka land reforms act. ..... of the contentions raised on behalf of the owner was that the lands in question were not tenanted lands and the use of the words 'agavu lavani' indicates that it is not really an agricultural tenancy in respect of the lands which qualifies for conferment of occupancy rights under the provisions of the karnataka land reforms act and as such, the applicants could not have been granted occupancy rights ..... upto 1973 and had not been renewed or continued by the owner thereafter is of no consequence in law in the matter of conferment of occupancy rights in favour of the tenant applicants for the reason that the applicants became deemed tenants under section 4 of the act as on the appointed day. ..... that owner had not continued the tenancy under the 'agavu lavani patra' beyond the year 1973 will not make any difference to the status of the applicants as deemed tenants on the appointed day.10. .....

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Oct 15 1985 (HC)

Krishna Bhat Vs. I Land Tribunal

Court : Karnataka

Reported in : ILR1986KAR1574

..... the reason and purpose of the karnataka land reforms act, 1961 (for short the 'act') as reflected from the preamble, show that it is an act enacted to bring about a uniform law in the state of karnataka relating to agrarian relations, conferment of ownership on tenants, ceiling on land holdings and for certain other matters appearing in the act. ..... the matter arises in this way :the 3rd respondent made an application on 23-8-1974 to the land tribunal, bantwal, in form-7 as required under section 48a of the karnataka land reforms act, 1961, claiming occupancy right in respect of s. no. ..... it is made so by the amending section 32 of karnataka land reforms (amendment) act, 1979 which has amended section 112 of the act by inserting words 'including local inspections' after the words 'holding enquiries' in item a(i) under heading 'b' of section 112 of the act. ..... 'tenant' means an agriculturist who cultivates personally the land he holds on lease from a landlord and induces (i) a parson who is deemed to be a tenant under section 4(n) a person who was protected from eviction from any land by me karnataka tenants (temporary protection from eviction; act, 1961 ; (iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of the commencement of the amendment act ; (iii) a person who is a permanent tenant and (iv) a person who is a protected .....

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Apr 19 2006 (HC)

Baburao and ors. Vs. State of Karnataka and ors.

Court : Karnataka

..... divisional commissioner : ilr1986kar532 , wherein this court held that:tenant who is dispossessed, without obtaining restitution in accordance with law by an application made under sections 41 and 113 of the karnataka land reforms act read with section 144 of the cpc for restitution or restoration of possession of lands, cannot interfere with the possession of the landlord who has obtained their possession from the tahsildar.further, the learned counsel relied on a decision in ..... this case are that the petitioners herein have filed application form 7 under section 48-a of the karnataka land reforms act for grant of occupancy rights in respect of land survey no. ..... the year 1990 the karnataka land reforms act was amended by abolishing the district land reforms appellate authorities in ..... the said writ petition the karnataka land reforms act was amended constituting the district land reforms appellate authorities in the state. ..... that the surrender of the land must be in accordance with law as provided under section 128 of the karnataka land revenue act, 1964. ..... 111, wherein this court held that:when plaintiffs predecessors were admittedly tenants in possession of the lands upto 1971 when the act was in force and there has been no surrender with permission of court as required by section 25 of the act (which alone can be taken cognizance of by courts) there is a presumption that the possession continued with the tenant.further, he has relied on another decision of this court in the ..... from 1961 .....

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Mar 11 1999 (HC)

Smt. Kalavati Alias Jayashree Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1999KAR2445; 1999(6)KarLJ136

..... r-3 herein (in the revision) made an application under section 45 read with section 48-a of the karnataka land reforms act, 1961 (hereinafter referred to as 'the act') in form no. ..... this revision under section 121-a of the karnataka land reforms act, 1961 by r-3 in appeal r.a. ..... find merit in the contention of sri chandrakant, learned counsel for r-3 that the order of the tribunal is not in accordance with rule 17 of the karnataka land reforms rules, 1974. ..... recently, apex court considering the intendment of tenancy laws in general and section 5 of the karnataka tenancy act in particular in state of karnataka and another v uppegouda and others, has declared as to how a surrender by the tenant has to be established and the declaration reads thus ..... all other observations of the land reforms appellate authority in rejecting the entries in the revenue records are not correct and do not stand the test of judicial ..... it defines 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 member of the owner's family etc ..... is styled as 'bakshish patra' executed by thippanna yellappa harijan and it is relevant to note a statement made in that document which reads thus:the donor has given certain properties under this document in favour of r-3. ..... , the land is in the bombay area and the law that was applicable to that area was bombay tenancy and agricultural lands act, 1948. .....

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Feb 20 2003 (HC)

Muniyappa Vs. G. Hanumanthappa (Deceased) by L.R. and ors.

Court : Karnataka

Reported in : 2003(2)KarLJ294

..... feeling aggrieved of the order of the land tribunal dated 23-10-1986, the tenant filed an appeal under section 118(1-a) of the karnataka land reforms act, 1961 (in short, 'the act'), before the land reforms appellate authority at bangalore, where it was registered as ..... on 11-12-1991, it was ordered that the civil petition filed by the petitioner under section 17 of the karnataka land reforms (amendment) act, 1990, be registered as writ petition and summon the records from the court of principal civil judge, bangalore rural, bangalore in ..... that the land tribunal committed procedural irregularities and acted contrary to sections 44 and 48a of the act and rules 17 and 19 of the karnataka land reforms rules, ..... the petitioner filed civil petition under section 17 of the act to summon the records from the land reforms appellate authority and dispose of the same ..... case was pending before the learned civil judge, the land reforms appellate authority was abolished by way of amendment to the act. ..... the basis of grounds urged by the tenant, the land reforms appellate authority formulated the following two points for its consideration ..... the records were retransmitted to the office of the land reforms appellate authority, bangalore, for further proceedings. ..... 238 of 1987 on the file of land reforms appellate authority, bangalore district, and records in ..... , : [2001]3scr195 on the point that the deemed tenant though attested as a witness to the sale deed, the averments made in the sale deed will have no .....

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