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" as follows : cultivate land on one's own account; (i) by one's own labour, or (ii) by the labour of any member of one's family, or (iii) by hired labour or by servants on wages payable in cash orkind but not in crop share under the personal supervision of one self or by member of one's family. Sec. 2 (34) defines "tenant". It means : an agriculturist who cultivates personally the land he holds on lease from a landlord and includes : - (i) a person who is deemed to be a tenant under Sec. 4; (ii) a person who was protected from eviction from any land by the Karnataka Tenants (Temporary Protection from Eviction), Act, 1961; (iii) a, person who is a permanent tenant; and (iv) a person who is a protected tenant;chapter III of the Act deals with conferment of ownership on tenants. Sec. 44 thereunder, so far as it is material, provides : 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 Sec. 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government. Sec. 45 (1) provides : 45. Tenants to be registered as occupants of land on certain conditions- (1) Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sublet, such sub-tenant shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally. * * * * * * the amendment Act referred to in Ser. 44 came into force with effect from first March, 1974, that is, the date of vesting of land in the State government.

( 3 ) WE will now refer to the decision in Rayappa's case (1 ). While dealing with the scope of Secs. 44 (1) and 45, it was observed at page 220: in a case like this where the alleged tenant nas not been in possession of the Agricultural land and he has not been cultivating it personally immediately prior to the date oi vesting, viz. , 1-3-1974, such land does not vest in the State Government under Sec. 44, and if it does not vest in the State Government the tenant is not entitled to be registered as occupant. It is thus laid down that the land which has not been in possession of the alleged tenant, and has not been personally cultivated by him immediately prior to. the date of vesting, does not vest in the State Government under Sec. 44, In our view, th

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