SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Invoking the provisions of Section 44 of the Karnataka Land Reforms Act, 1961 (hereinafter called as "the Act"). the original appellant-tenant approached the authorities under the Act for conferment of occupancy rights on the ground of being in possession on the relevant date. His claim was negatived both by the authorities under the Act and the High Court allegedly on the ground that he had made a concession in proceedings initiated under Section 14 of the Act for resumption of land by the landlord. It was found that as the appellant himself had agreed to forego his claim to the extent to 50% of the land in his occupation, he could not invoke the subsequent amendment made in the Act vide Section 44.

(2.) It is not in dispute that the appellants' father Shri Sadappa was a tenant of the land bearing Survey No. 14 measuring (sic) situated at Malagallammal Village, Malagammal Taluk (sic) about 60 years. The respondents are alleged to have initiated proceedings under Section 14 of the Act for resumption of half of the land for their personal cultivation in the year 1967. The application filed by the landlords was partly allowed on 15-10-1966 in RLC No. 348 of 1967 permitting them to resume 2 acres 23 guntas of the land. It is also not disputed that despite orders in their favour, the respondents-landlords did not take the possession in execution of the orders of resumption passed. Instead they preferred an appeal before the Tribunal with a prayer for resumption of the entire extent of land. During the pendency of the appeal, the Act was amended on 1-3-1974 (by Act No. 1 of 1974) by which Section 14 was omitted and Section 44 providing vesting of land in Government was inserted. For rejecting the claim of the appellant, the Tribunal and the High Court relied upon the orders passed in favour of the landlords under Section 14 of the Act and did not consider the effect of Section 44 of the Act, which so far as relevant for our purposes, reads:

(3.) A perusal of the Section shows that all lands in possession of the tenants, including tenants against whom a decree or order for eviction or a certificate for resumption had been made or issued stood transferred to and vested in the State Government. The rights, privileges and interests vesting in the owner of such lands stood extinguished and vested absolutely in the State Government free from all encumbrances. Such owners were held entitled only to receive the amount from the State Government as provided in Chapter III of the Act. Consequently, permanent tenants, protected tenants and other tenants holding such lands were held entitled to such rights and privileges and be subject to such conditions as were provided under the Act. Under Section 45 of the Act every person who was a permanent tenant, protected tenant or other tenant or where a tenant had lawfully sub-let such sub-tenant was, with effect from and from the date of vesting, held entitled to be registered occupant in respect of the land of which he was a tenant.