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Showing posts with label LAND REFORMS ACT. Show all posts
Showing posts with label LAND REFORMS ACT. Show all posts
Friday, September 20, 2013

LAND REFORMS ACT- The appellants claim to be the owners of lands in Sy. Nos. 33, 37, 38, 39, 40, 41 and 53 situated in village Halligeri, Dharward Taluk, Karnataka, having purchased the same in the year 1956. According to the appellants, the lands were in their personal cultivation since then. 3. The 2nd respondent, Gangappa (since deceased) filed an application before the Special Tahasildar, Land Reforms, Dharwad, contending therein that he had sent an application on 23rd June, 1975 in Form No.7 for registering him as an occupant of the lands belonging to the appellants.- whether in fact the 2nd respondent had filed an application in Form No.7, and if it was found that he had made such an application, then to consider it on merits in accordance with law. = the Tribunal admitted Form No.7 produced by the 2nd respondent and on an enquiry gave definite finding that the applicant-2nd respondent was not in occupation or cultivation of the suit land as a tenant as on 1st March, 1974 or prior thereto. In view of such finding of the Tribunal it was not open for the learned Single Judge to remand the matter again to the Tribunal to enquire whether Form No.7 is on record or Form No.7 was produced by the 2nd respondent which in fact rendered the order dated 2nd June, 1997 passed by the Tribunal ineffective for no reason. The Division Bench of the High Court also failed to notice the above-said fact and thereby erred in affirming the order passed by the learned Single Judge. 14. For the reasons aforesaid, we set aside the impugned order dated 2nd June, 2006 passed by the Division Bench in W.A.No.3836/2005(LR) and order dated 3rd June, 2005 passed by the learned Single Judge in W.P. No.15722/1997, order dated 2nd June, 1997 passed by the Land Tribunal, Dharwad is restored. The appeal is allowed. There shall be no order as to costs.

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        published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40793                                                           ...
Tuesday, May 7, 2013

INAMS ABOLITION ACT, LAND REFORMS ACT= “1. Whether an Inamdar who has been granted occupancy rights under the Inam Abolition Act can invoke Section 41 to recover possession from a person who is not a tenant of the land in question? 2. Whether the order passed by the Tahsildar is sustainable on merits?”= ONCE OCCUPANCY RIGHTS HAS GIVEN , ALL MORTGAGES MADE BEFORE THE INAMS ABOLITION ACT WERE DEEMED TO BE DISCHARGED OR WIPED OFF. FOR IMPLEMENTING OCCUPANCY RIGHTS, THE TAHSILDAR HAS GOT JURISDICTION UNDER LAND REFORMS ACT TO EVICT THE UNAUTHORIZED PERSONS FROM THE LANDS=Since it was extensively pointed out by the learned Single Judge in the order dated 1.2.2005, as well as in the present impugned order highlighting the malpractices indulged in by the Tehsildar, while passing the order directing possession in favour of the appellant and while upholding the order of the learned Single Judge referred to above, the order of remand passed by the learned Single Judge stands restored. We, however, make it clear that the only issue which can be examined by the Tehsildar can be with regard to the claim of the appellant for restoring possession based on the grant of occupancy rights in its favour, by the proceeding dated 11.2.1993. It is further made clear that this order of remand to the Tehsildar, shall not entitle the respondents to raise any issue relating to the jurisdiction of the Tehsildar, in particular, based on the mortgages of the year 1955 and 1967. 19. The appeals stand allowed with the above directions. In light of the fact that the issue is pending for nearly two decades, we direct the Tehsildar to hear the parties and after giving due opportunity to put forth their submissions, pass final orders in accordance with law expeditiously, preferably within three months from the date of receipt of copy of this order.

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Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.4150-4163 OF 2013 NI PRA CHANNABASAVA D...