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2002 Supreme(Kar) 671

M.F.SALDANHA, K.RAMANNA
Rama K. Sundar – Appellant
Versus
15th Land Tribunal – Respondent


Advocates:
Advocate Appeared:
Mr. K. Giridhar
Mr. P.R. Mohan Rao, Chandrashekar Rodnavar, High Court Government Pleader

JUDGMENT

M.F. Saldanha, J.--This appeal which arises out of a proceeding under the Karnataka Land Reforms Act is to some extent illustrative of the reverse position that sometimes emerges in this field of litigation when the Karnataka Land Reforms Act, 1961 was promulgated it was categorised as a Social Welfare Legislation in so far as the object of the Act was, in order to confer permanent protection or in otherwords, to grant occupancy rights which was almost on par with transfer of ownership in respect of agricultural lands that were under cultivation by persons other than owners. From the principle that is incorporated in many of the Land Reforms legislations that have been promulgated from time to time, the spirit of the enactment was that the land should go to the "tiller of the soil" or in other words that the tenant who would have been cultivating agricultural land over a period of time and to whom the protection from its possession was minimal but more importantly who was toiling to raise the produce from the lands and was still required to part with a substantial portion of it in the form of rent, be it in kind or in terms of money, should be given the realistic benefit of













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