Court : Karnataka
Reported in : 2008(1)KarLJ599; ILR2007(4)Kar4174; 2007(5)AIRKarR617; AIR2007NOC2681
..... 22/1998 on file and render a finding with regard to the joint family status of the testator's family in terms of section 2(17) of the karnataka land reforms act, 1961 and thereafter render its judgment keeping in view the observations with regard to the position of law.iii) all contentions of the parties with regard to the ..... the provision in section 61 of the karnataka land reforms act, 1961 ('the act' for short) prohibits transfer of such lands within a period of 15 years from ..... requires examination; before i advert to the law laid down by this court as well as the hon'ble supreme court on this aspect of the matter, it would be necessary to notice the relevant provisions of the karnataka land reforms act which reads as hereunder:[section 2(12) 'family' means-a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;b) in ..... 'ble supreme court was considering the case in the background of the provision contained in sections 21 and 24 of the karnataka land reforms act, which is at a stage before grant of occupancy right. ..... as even in the case of maria bai the observation of the hon'ble supreme court in para 28 of the judgment wherein it has been held with reference to section 61 of the act that transfer of agricultural land with occupancy right is permissible in favour of one of the heirs and as such the appellant being one of the heirs can take benefit of the will and as such the embargo does .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264
..... agreement in question is of the year 1986, the first respondent society cannot fall back on the amendment made to section 109 of the karnataka land reforms act, 1961 providing for exemption from the provisions of section 79-b of the said act, because the said amendment has come into force subsequent to the said agreement. ..... at ex.p6 can not be acted upon.i) the first respondent society can be compensated in terms of money as provided under section 20(2) read with sections 10 and 23 of the specific relief act.j) under section 79-b of karnataka land reforms act, 1961, a co-operative society is not eligible to possess agricultural land. ..... of the karnataka land reforms act, 1961 a co-operative society is not eligible to possess the agricultural land. ..... it is urged that the trial court has not given any weightage to the contention urged on behalf of the appellants that the agreement at ex.p6 is for the limited purpose of obtaining permission under urban land ceiling act, 1976.g) the government order at ex.p9, on the basis of which the suit is allowed is a nullity in the eyes of law. ..... the land was an agricultural land, the question of government granting permission in respect of vacant land in excess of the limit under the urban land ceiling act, 1976, does not arise at all.h) the transaction in question is hit by section 23 of the indian contract act, 1872 ..... of the case are that the first respondent is a co-operative society registered under the karnataka co-operative societies act, 1959. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1687; 2002(2)KarLJ236
..... the contentions of the petitioners on the ground that as under the karnataka land reforms act, 1961 srinivasa rao, should have filed an application for resumption of the lands immediately after his retirement and as he has not done so, the tenancy is deemed to be continued and as such the provisions of section 5(2) of 1961 act are not attracted. ..... by way of resumption of land or the procedure prescribed under the mysore land reforms act as it was in existence then or under the karnataka land reforms act, 1961. ..... force the karnataka land reforms act as amended by karnataka act 1 of 1974 these respondents have filed an application in form 7 praying for grant of occupancy rights in respect of these lands leased to ..... it is this grant of occupancy which came to be initially challenged before the karnataka land reforms appellate authority and when the matter was pending, by virtue of abolition of appellate authority the matter came to be transferred to this court in ..... nextly if we turn to the provision of vesting as per section 44 of the act the land held by or in possession of tenants immediately prior to the date of commencement of the amendment act (1-3-1974) stands transferred to and vest in the state government but exception is created in respect of leases permitted ..... form 7 as well as in the statements before the land tribunal they have admitted this position and they have recognised srinivasa rao as the landlord on the date of coming into force, either 1961 act or 1974 amendment act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR1880; 2000(3)KarLJ134
..... as dwelling house and the land as dwelling house and the land appurtenant thereto not exceeding 0.05 cents (2.24 acres or 2 guntas) under section 38(1)(b) of the karnataka land reforms act, 1961'. 17. ..... the first respondent bhagi shettigarthy filed an application in form 2-a under section 38 of the karnataka land reforms act (hereinafter called the 'act') before the land tribunal, mangalore, seeking ownership in respect of door no. ..... not belonging to him, situated in a village, as on the date of publication of karnataka land reforms (amendment) act, 1978, such dwelling house with the site thereon and the land immediately appurtenant thereto, vests in the state government free all encumbrances and such agricultural labourer, subject to sub-sections (2) and (3) of the act, would be entitled to seek registration as owner thereof; the exception being that the agricultural labourer should not be residing in a dwelling house which is the portion of the ..... the records of the land tribunal pertaining to first respondent's application would show that the land tribunal has not recorded any evidence as contemplated under section 48-a of the act read with rule 17 of the karnataka land reforms rules, 1974 (the 'rules' for short). ..... the order of the land reforms appellate authority and the land tribunal precisely constitutes an illegal exercise of power by reason of failure to appreciate the true scope of section 38 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR369; 1989(3)KarLJ440
..... petition under section 121-a of the karnataka land reforms act, 1961 (hereinafter referred to as the 'act') the petitioner has challenged the order dated 19-4-1989 passed by the land reforms appellate authority, mandya in appeal no. ..... to be transferred to the land reforms appellate authority under section 19 of the karnataka act, 19/1986. ..... from the operative portion of the order of the land reforms appellate authority it is clear that the prayer of the first ..... therefore, i am of the view that the land reforms appellate authority was not justified in law in allowing the amendment sought for by the first respondent because as on the date of filing the applications, the first respondent could not have ..... that arises for consideration is as to whether the land reforms appellate authority is justified in law in allowing i.as ..... 19-4-1989 passed by the land reforms appellate authority in appeal ..... pendency of the appeal before the land reforms appellate authority. ..... the land reforms appellate authority is directed to proceed with the appeal ..... the land reforms appellate authority allowed both the applications and permitted the first respondent to ..... 7 or an application in the nature of an amendment after the expiry of the period fixed under section 48a(1) of the act seeking occupancy right in respect of new item of land not included in the application filed within time.therefore, the ratio of the said decision is that no fresh claim can be made by way of an amendment after the expiry of the last date .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR1280
..... order of shahapur land tribunal made under section 67(1) of the karnataka land reforms act, 1961 ('the act'), was impugned in the writ petitions. ..... during the pendency of the writ petitions before this court, the karnataka land reforms (amendment) ordinance, 1985, and subsequently, the karnataka land reforms (amendment) act, 1986, which inserted section 118(1a) in the act, creating appellate authorities with appellate jurisdiction conferred upon them to deal with orders of land tribunals, came into force. ..... the karnataka land reforms (amendment) ordinance, 1985, was an urgent legislative measure brought into force creating land reforms appellate authorities in the state invested with the appellate jurisdiction to deal with the orders of land tribunals which had been made and to be made under sections 38, 48a and 67 of the act. ..... the only possibility of getting over the hard situation is, by investing the land reforms appellate authorities which are already created by amending the act, with appellate jurisdiction to deal with orders of land tribunals made under section 67(1) of the act, in the manner already provided under the amended sub-section (2) of section 113 of the act, so that the matters may find a finality. .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(5)KarLJ101; 2008(5)KCCRSN219
..... evaluation of the entire original records including the impugned orders dated 16-9-1981, 6-10-1997 and 14-11-2002, it emerges on the face of the said records that, petitioners' father was a party to the proceedings before the land tribunal when the matter has been taken up for consideration of registration of occupancy rights in the year 1981, and it has followed the procedures envisaged under section 48-a of the karnataka land reforms act, 1961 and rule 17 of the kamataka land reforms rules, 1974. ..... contention raised by the petitioners' counsel at this stage is that, petitioners have filed an application through their counsel for impleading them as parties to the proceedings, but the first respondent-land tribunal took up the said application for consideration behind their back and the impugned order has been passed on 14-11-2002, rejecting the said application. ..... contra, learned counsel for the respondents, inter alia, contends that, the petition is liable to be dismissed as misconceived on the ground that, the impugned orders passed by the land tribunal is in accordance with law, and it has rightly rejected the prayer of the petitioners on the ground that, in pursuance of the direction issued on 27-11-2000 in w.p. ..... the only submission canvassed by the learned counsel for the petitioners is that, the impugned order passed by the land tribunal is one, without jurisdiction and same is not sustainable in law as it is passed without giving an opportunity to the petitioners or to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR4513; 2005(5)KarLJ515
..... claims to be an agricultural laborer as defined under sub-section (2) of section 2 of the karnataka land reforms act, 1961 (for short 'k.l.r. ..... section 38 of the karnataka land reforms act was substituted by act 1 of 1978, with effect from ..... the present case, both the applications are filed under the karnataka land reforms act. ..... arise for consideration:-i) whether the petitioner is guilty of laches or undue delay?ii) whether the 4th respondent not being the owner of the land requires to be made a party in the application filed by the petitioner under section 38 of the act?iii) what is the right course to be adopted by the land tribunal when applications are filed by different persons in respect of a same land under section 48-a and section 38 of the act and one of the application is allowed at an earlier point of time?6. ..... i am of the view that if applications are filed under section 48-a as also section 38 of the act, in respect of the same land, both the applications are required to be considered together, if necessary by setting aside an earlier order either granting occupancy right or directing registration of an agricultural laborer as an owner ..... the karnataka certain inams abolition act. ..... sub-section (1)(a) of section 38 of the act provides for vesting in the state government the dwelling house along with the site thereof and land immediately appurtenant thereto and necessary for its enjoyment situated in a village, wherein an agricultural laborer was ordinarily residing, free of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR3603; 2002(5)KarLJ257
..... --in sub-section (1) of section 61 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962) (hereinafter referred to as the 'principal act'), for the words and figures 'from the date the certificate under section 55 is issued', the words, brackets, figures and letters 'from the date of the final order passed by the tribunal under sub- ..... he passed an order holding that the sale is hit by the prohibitory provision of the karnataka land reforms act, 1961 ('the act', for short). ..... the short question that requires my consideration is with regard to the impact of section 61 of the karnataka land reforms act, 1961 in the matter of transfer of lands. ..... the statement of objects and reasons in respect of the karnataka act 34 of 1998 provides that the amendment to section 61(1) was necessary for reckoning the period of 15 years for transfer of the land for which occupancy rights have been given under this act from the date of final order passed by the tribunal under section 48a instead of from the date of issue of certificate under section 55. 8. ..... (emphasis supplied) the said section has been subsequently amended in terms of the karnataka act 34 of 1998. ..... it was challenged in an appeal before the karnataka appellate tribunal ('tribunal', for short). .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR6059; 2006(5)KarLJ443
..... his contentions, he relied upon the decision reported in ilr 2000 kar short notes 64, wherein it has been held that:-'karnataka land reforms act, 1961-section 48a- person who purchases the land subsequent to the appointed day, cannot question the grant of occupancy rights by the tribunal prior to the date of purchase ..... the name of the petitioner, the tribunal has not issued any notice as contemplated under rules 17 and 19 of the karnataka land reforms rules and without issuing notice either to the petitioner or to the general public passed the impugned order in favour of respondent ..... , 1987(2) klj 127 wherein it has been held that:'karnataka land reforms rules, 1974-rule 19- tahsildar's duty to verify the particulars ..... the rules 17 and 19 of the karnataka land reforms rules and principles of natural justice.5. ..... pendency of the writ petition, an amendment was brought to the land reforms act and therefore, the said writ petition was transferred to the land reforms appellate authority and it was numbered as l.r.a. no. ..... , 1977 (2) k.lj 123 wherein it has been held that:'under the proviso to section 128 of the karnataka land revenue act, if rights of the parties are affected by means of a registered deed, such a party is exempted from making a report to the authority about ..... attributed to the transferor, if the vendee and the registering authority had not performed their duty under section 128(4), karnataka land revenue act to give information to the village accountant to make mutation entries. .....
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