RAYAPPA BASAPPA KILLED Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This is an appeal against the order made by Venkataramiah, J. dated 10-12-1975 in Writ Petition No. 6701 of 1975 by which the learned Single Judge dismissed the appellant's writ petition challenging the order of the Land Tribunal, Kundgol, rejecting his application for registering him as occupant under S. 45 of the Karnataka Land Reforms Act, 1961 (hereinafter called the Act).

(2.) The appellant was admittedly not in possession of the land from 1957 in respect of which he sought registration as occupant under S.45 of the Act. The question is whether a person who claims that he had the right of a tenant but not in possession of the agricultural land on 1-3-1974, which is the date on which all lands held by or in the possession of tenants immediately prior to the said date stand transferred to and vest in the Statf Government is entitled to be registered as occupant. S.44(1) of the Act as amended by Act 1 of 1974 reads :

(3.) S.45 of the Act provides for registration of the tenant who has been cultivating the land personally before the date of vesting. Sub-sec(1) of the said section reads :