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State of Karnataka - Section

Section 41 in Karnataka Land Reforms Act, 1961

41. Procedure for taking possessions.—

(1)A tenant or an agricultural labourer entitled to possession of any land or dwelling house or site under any of the provisions of this Act or as a result of eviction in contravention of sub-section (2) may apply in writing for such possession to the Tahsildar. The application shall be made in such form as may be prescribed and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site is deemed to have accrued to the tenant, agricultural labourer, as the case may be.
(2)Save as otherwise provided in this Act, no landlord shall obtain possession of any land, dwelling house or site held by a tenant except under an order of the Tahsildar. For obtaining such order he shall make an application in the prescribed form and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site, as the case may be, is deemed to have accrued to him.
(3)On receipt of application under sub-section (1) or (2) the Tahsildarshall, after holding an inquiry, pass such order, thereon as he deems fit.
(4)Any person taking possession of any land, dwelling house or site except in accordance with the provisions of sub-section (1) or (2), as the case may be, shall be liable to forfeiture of crops, if any, grown on the land in addition to payment of costs as may be directed by the Tahsildar and also to the penalty prescribed in section 125.