Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Karnataka Land Reforms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Reforms:Kamataka Land Reforms Act, 1961, as amended on 1st March, 1974 - ss.44, 45 & 48A-Agricultural tenancy- Status c of occupancy right holder - Entitlement to - Whether appellants acquired occupancy right in respect of the land in dispute and their names ought to be registered as occupancy right holders in respect thereof - Held, Yes - Entries in record of rights showed that appellants were in cultivatory possession of the land in dispute on the relevant date viz. on 1st March, 1974 and nature of their cultivation was gutha (rent)- In earlier recovery proceedings relating to arrears of rent, landlord respondent had admitted that appellants were tenants in respect of the land in dispute - Onus was on respondent to show by producing material that appellants did not acquire any status of occupancy right although they were found to be in continuous possession of the land in dispute - Respondent failed to produce any such material or document and further failed to show that the entries in record of rights were wrong. The Karnataka Land Reforms Act, 1961 was amended o.n 1st March, 1974 and ss. 44, 45 and 48A of the Act were introduced whereby agricultural tenants became entitled to apply for confirmation of ownership.Appellants claimed to be in possession and cultivation of the land in dispute as tenants on the relevant date i.e. the day on which the Act was amended, and on that basis filed application for registration as occupant in respect of the land in dispute. The application was , dismissed by the Land Tribunal constituted under the Act. The High Court, by the impugned judgment, held that though the appellants may be in possession of the land in dispute but they failed to prove that they had acquired tenancy rights in respect thereof and consequently upheld the order passed by the Tribunal. In the Instant appeals, the question which arose for consideration was whether the appellants were entitled to be registered as an occupancy right holder in respect of the land in dispute. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2009 INSC 370 |
Petitioner | Narasamma & Ors. |
Respondent | State Of Karnataka & Ors. |
SCR | [2009] 4 S.C.R. 929 |
Judgement Date | 2009-03-19 |
Case Number | 568-571 |
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