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2001 Supreme(SC) 768

S.N.VARIAVA, S.S.M.QUADRI
S. Venkatappa – Appellant
Versus
Narayanappa – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal is against an Order dated 7th August 1996.

2. Briefly stated the facts are as follows:

Prior to 1971 one Smt. Muniyamma was the owner of the concerned land. She sold the said land to one Shri G. M. Munivenkate Gowda in 1971. The Appellant signed the Sale Deed as an Attestor.

3. On 1st March, 1974 the Karnataka Land Reforms Act of 1961 was amended. Original Sections 44 and 45 were substituted. Section 44 and the relevant portions of the substituted Section 45 read as follows:

"44. Vesting of land in the State Government.-(1) All lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the Amendment Act, other than lands held by them under leases permitted under Section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government.

(2) Notwithstanding anything in any decree or order of or certificate issued by any court or authority directing or specifying the lands which may be resumed or in any contract, grant or other instrument or in any other law for the ti









































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