Judgment Search Results Home > Cases Phrase: karnataka land reforms act 1961 section 87 execution of lease liability of land owners etc Page 1 of about 1,091 results (0.166 seconds)

Asghari Banu and Others Vs. The State Of Karnataka By Its Secretary Re ...

Court : Karnataka

..... in this background, what is to be considered by us is: ''whether in view of the amended provisions of section 3 of the karnataka land reforms act, 1961, was it required for the tribunal to give a finding in regard to the nature of the property leased by the owner to the tenant and whether the finding of the civil court on an earlier occasion, which has become abated in view of filing of hrc no.2/1976 and whether the finding given in hrc 2/1976 is binding upon the land tribunal?". 12. ..... disposal of certain pending proceedings, etc - (1) notwithstanding anything in any law for the time being in force, the provisions of clause (a) of sub-section (2) of section 133 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962) as amended by this act, shall be applicable to all proceedings commenced before the date of commencement of this act and - (a) pending before any civil court; (b) pending in appeal or revision against the judgment or order of the civil co art; or (c) finally disposed of b}r such courts after the first day of march, 1974. ..... as if the said clause as amended by this act was in force when the right accrued or the liability was incurred and every such court shall deal with the proceedings accordingly and any interim or final order or judgment passed by such court or appellate authority shall be reopened and the suit or the appeal ..... based on the outcome of the same, it is open for the owner to execute the decree passed in hrc no.2/1976. .....

Asghari Banu Vs. The State of Karnataka

Court : Karnataka

..... courts after the first day of march, 1974, as if the said clause as amended by this act was in force when the right accrued or the liability ..... view of the amended provisions of section 3 of the karntaka land reforms act, 1961, was it required for the tribunal to give a finding in regard to the nature of the property leased by the owner to the tenant and whether the finding of the civil court on an earlier 11 occasion, which has become abated in view of filing of hrc no.2/1976 and whether the finding given in hrc21976 is binding upon the land tribunal?. .12. ..... disposal of certain pending proceedings, etc (1) notwithstanding anything in any law for the time being in force, the provisions of clause (a) of sub-section (2) of section 133 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962) as amended by this act, shall be applicable 12 to all proceedings commenced before the date of commencement of this act and (a) pending before any civil court; (b) pending in appeal or revision against the judgment or order of the civil court; or (c) finally disposed of by such ..... for the owner to execute the decree passed .....

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

Court : Karnataka

..... the impugned order 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. ..... pendency of the appeal, an amendment was brought to the karnataka land reforms act in 1990 and the land reforms appellate authority was abolished. ..... it is submitted 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. ..... 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 that of ..... further, one gangadhar korli filed an execution petition and in the execution petition, he was permitted to participate in the auction to bid ..... , it has been held that:a true owner of the land cannot claim occupancy rights for his own land and the land tribunal cannot grant the same.5. ..... the land in question was mortgaged by one fakirappa, the adopted son of toggi family in favour of gangadharappa, even though he was not the absolute owner of the ..... 1-3-1974, they were cultivating the said land as owners. ..... even if the earlier sale deeds dated 10-10-1936 and 26-6-1971 were set aside, they continued to be the tenants of the original owner neelagangawwa. .....

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 .....

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. ..... it was further submitted that in view of section-47 of the indian registration act, the deed in question, though registered on 27.6.74, was operative with effect from the date of execution of the deed i.e, from february 27, 1974 and sub-section (2) of section 44 of the land reforms act did not have its play. ..... the use of expression 'free from encumbrances' in section 44(a) of the land reforms act very clearly indicates that in lands in possession of tenants, with exceptions which may be said to be covered by leases covered under section 5, all rights title and interest of ownership etc. ..... the protection of the section 5(2) of the land reforms act has been given to the soldier only in respect of and to the extent of the land belonging to him and as such, it has also to be looked into whether the lease which has been granted by the tenant has been granted by him as a owner of the land. ..... he further submitted that the deed alleged to have been executed on 27th of february, 1974 and the same had been registered on 27th june, 1974, though he does not concede about the genuineness of the deed and he has been challenging the deed on its genuineness etc. .....

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. .....

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

Court : Karnataka

Reported in : 2002(3)KarLJ577

..... such an application had been made before the competent authority and the owner 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. ..... one another 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. ..... one 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. ..... learned counsel appearing for the respondent-owner has strongly urged that the nature of tenancy was 'agavu lavani patra or undu biduva kararu patra' and that the currency of such lease or agreement ended during the year 1973-74 i.e. .....

Krishna Bhat Vs. I Land Tribunal

Court : Karnataka

Reported in : ILR1986KAR1574

..... 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. ..... sub-section (34) defines '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 tenant. ..... a person entitled to be registered as an occupant under section 45 of the act is required to make an application in form-7 giving all the details required to be mentioned therein including the survey number, the sub-division of a survey number, its extent, its situation such as village, taluk and district, the name of the owner and the period during which he was holding the land as tenant etc. .....

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 the case of m.k. ..... brief facts leading to 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. ..... again, during the year 1990 the karnataka land reforms act was amended by abolishing the district land reforms appellate authorities in the state. ..... during the pendency of the said writ petition the karnataka land reforms act was amended constituting the district land reforms appellate authorities in the state. ..... it is contended by the learned counsel for the petitioners have been cultivating the lands in question as tenants by a registered lease deed executed by the original owner of the land sri amruth on 2-6-1952, without notice to the petitioners the original owner had sold the lands in question to the respondent 3 but the petitioners, even after the sale, continued to be in possession and enjoyment of the land. ..... from 1961 as khatedar and cultivator. .....

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

Court : Karnataka

Reported in : ILR1999KAR2445; 1999(6)KarLJ136

..... 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 ..... 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 ..... 115 of 1988 before the land reforms appellate authority, chikodi is directed against the order of the appellate authority dated 27-2-1990 in the said ..... 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. ..... it 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 .....