SHANKAR Vs. MADHUKAR BANDOPANT KULKARNI

JUDGEMENT

(1.) PETITIONERS are plaintiffs in O. S. No. 397 of 1993, who have filed the said suit against respondents-defendants for the relief of specific performance.

(2.) THE plaintiffs' case is that they had been cultivating the agricultural lands belonging to the defendants and that the latter having entered into an agreement of sale of the said land dated 16-7-1984 for valuable consideration were not willing to execute the sale deed in their favour in terms thereof. During pendency of the suit, LA. No. 4 under section 133 of the Karnataka Land Reforms Act ("the Act" for short) was made by the plaintiffs to stay further proceedings in the suit as they had made an application to the concerned Deputy Commissioner on 15-12-1998 in view of the relevant amended provisions of the Act seeking grant of occupancy rights with respect to the suit land. The Court below has rejected that application of the petitioners on the ground that Section 133 of the Act will not be attracted in respect of an application made to the Deputy Commissioner under the amended provisions. On going through the relevant provisions of the Act, I am satisfied that the Court below is legally justified in passing the impugned order.

(3.) THE amendment introduced in the Act of 1961 by the Karnataka land Reforms (Amendment) Act, 1997 ("act of 1997" for short) on which reliance was sought to be placed by the petitioners-plaintiffs in support of their said application made before the Trial Court is as reproduced below: