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State of Karnataka - Section

Section 7 in Karnataka Land Reforms Act, 1961

7. Restoration of possession to tenants dispossessed in certain circumstances.—

(1)A person who or whose predecessor-in-title held any land as a tenant before the tenth day of September, 1957 and who after that date and before the appointed day, has been dispossessed from such land either by surrender of the tenancy or by eviction, may, within fifteen months from the appointed day apply to the tribunal for the restoration of his tenancy unless on the appointed day the land has been put to non-agricultural use.
(2)On receipt of an application under sub-section (1), the Tribunal shall inquire into the circumstances in which and the procedure under which such dispossession took place and if it is satisfied that such dispossession took place as a result o,—
(a)surrender and the consent of the tenant was procured by fraud, misrepresentation or undue influence or pressure of any kind whatsoever or was otherwise in contravention of the provisions of the law applicable for the time being; or
(b)expiry of the duration of tenancy; or
(c)any act of the landlord or any person acting on his behalf without recourse to a court of law or in contravention of any provision of law, the Tribunal shall order the restoration of possession of the land and the tenancy thereof to the tenant: Thereupon such land shall be deemed to have vested in the State Government and the provisions of the Act shall apply to such tenant as if he had been ordered to be registered as an occupant under sub-section (5) of section 48A.
Provided that the Tribunal shall not order restoration of possession of the land, if 1 it is satisfied that the land is held on lease bona fide by a tenant who is not a member of the family of the landlord, or the dispossession, by surrender of the tenancy or by eviction, took place in accordance with any provision of law, or that another person, not being the landlord, is legally entitled to possession of the land.
(3)Sub-sections (1) and (2) shall have effect notwithstanding that another person not being a person referred to in the proviso to sub-section (2), may be in possession of the land as a tenant or otherwise, and where such other person is so in possession he shall be liable to be evicted.