Karnataka Land Reforms Act, 1961
Sections 44 & 45A, Karnataka Land Reforms Act, 1954 & Rule 19(1) of the Karnataka Land Reform Rules, 1974—Order of Land Tribunal conferring occupancy rights in respect of subject land in favour of first respondent affirmed by High Court—Appeal—Application for registration of occupancy rights by first respondent contested by appellant on ground that in the proceedings earlier initiated, the first respondent failed to establish his tenancy rights under the 1954 Act, as such, he was not entitled to claim later occupancy rights under the 1961 Act—Plea was rejected by Tribunal as well as by High Court—Scope and purpose of the two Acts being different, termination of proceedings under the 1954 Act in regard to grant of occupancy rights cannot bar an enquiry to establish the claim under Section 45 of the 1961 Act by the Tribunal—What the Tribunal, under the Act, has to inquire into, is whether the lands claimed by the applicant before it, have vested in the State Government under Section 44 of the 1961 Act—For that purpose, it has to decide whether the lands were held by or in the possession of any tenant immediately prior to 01.03.1974 (the date of vesting)—This is what has been examined by the Tribunal in extenso and thereafter finding was recorded that the first respondent was in possession and was cultivating the subject land in question immediately prior to 01.03.1974 (the vesting date) under Section 44 of the 1961 Act and accordingly declared to confer the occupancy rights to the first respondent under its order—Appellants challenged the finding of Tribunal before the High Court in writ petition and further in writ appeal and after due deliberation and revisiting the records, both the Courts affirmed the order of Land Tribunal upholding occupancy rights to the first respondent—No error committed by the Tribunal in conferring the occupancy rights in favour of the first respondent and warrants no further interference by the Apex Court—Appeal dismissed.
[Paras 16 to 20]
Decision : Appeal dismissed