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2017 Supreme(Kar) 1060

B.S.PATIL, VINEET KOTHARI, SREENIVAS HARISH KUMAR
Allabaksha – Appellant
Versus
Sayyad Javed Pasha – Respondent


Advocates Appeared:
For the Appellant :M.G. Naganuri, Advocate
For the Respondent:V.P. Kulkarni, Advocate

ORDER :

B.S. Patil, J.

1. A Division Bench of this Court has referred this Regular First Appeal to the Full Bench stating that opinion expressed by a co-ordinate bench in the case of Sri Chandrashekhar and Others Vs. The Tuheed Co-operative Housing Society (Regd.) and Others (2008 (5) KCCR SN 632) : ILR 2008 Kar 2003) that no relief of specific performance could be granted in respect of agricultural land due to the prohibition in law for purchase of the same by a non-agriculturist as per Section 79B and Section 80 of the Karnataka Land Reforms Act, 1961, (for short 'the Act') was contrary to four Division Bench judgments of this Court rendered earlier. The order of reference states that after considering the effect of the provisions of the Karnataka Land Reforms Act including Section 132 thereof which enacts a bar on the Civil Court to decide the issue, four Division Benches of this Court considered the question whether an intending purchaser of an agricultural land was an agriculturist and specific performance of such agreement of sale could be ordered in the light of the prohibition enacted under Section 79B and Section 80 of the Land Reforms Act in favour of such intending purchas





























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