JAGANNATHA SHETTY, J.

( 1 ) WHILE disagreeing with the view taken in Rayappa Basappa Killed v. Land Tribunal and others a Division Bench of this Court has referred to a Full Bench, the following two questions of law for decision under Sec. 7 of the Karnataka High Court, Act, 1961 (1 ). Whether a land held by a person in his capacity as a tenant, immediately prior to the date of commencement of the Amendment Act, which was not in his actual possession before the said date stands transferred to and vests in the State Government under sub-section (1) of terred to and vests in the State Govt under sub-sec (1) of Sec. 44 if the land is not held by him under a lease permitted by Sec. 5 of the Act ? (2) Whether a 'tenant who was lawfully entitled to cultivate the land personally immediately prior to the commencement of the Amendment act but was wrongfully or illegally prevented from doing so, is entitled to registration of occupancy rights under Sec. 45 of the Act ?

( 2 ) THE decision on those questions, depends upon the meaning and scope of the following provisions of the Karnataka Land Reforms act, 1961 (hereinafter referred to as "the Act" ). Sec. 2 (11) defines "to cultivate personally

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