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Beera Aayu Agera vs Land Tribunal, Ankola, Uttara Kannada ... on 2 March, 1998

In the t§ase.of BEERA AGERA vs LAND TREUNAL. ANKOLA 1998 KAR 2381. learned Single Judge of this Cour't.__hals under Section 45(1) of the Act a person V _cla_iming occupancy on the ground of being a st.1b~tenant can S.t1GC?_'€d only if he is able to show that the sub--letting in his e.fla'v.oui*-*vvas prior to 02.10.1965. It is further held that if the it :l_""s»ub~tenancy rights were acquired after the coming into force of " the provisions of the Act, the said sub--tenancy was hit by the provisions of Section 2}. which prohibited sub--letting. In our 33» View, the proposition of law regarding the prohibition of subw lease as enacted under Section 21(1) with effectfrfrom 02.10.1965 is rightly laid down in this decision.
Karnataka High Court Cites 5 - Cited by 3 - Full Document

Narasimha Jayadevarao vs The Land Tribunal And Ors. on 10 February, 2003

13. In the instant case, the learned Single notw. noticed the effect of Section 21. Reliance:-placed» the Single Judge on the decision? in theocase JAYADEVARAO Vs THE LAND sins: UTTARA KANNADA msrmcr ANL'i_GTHEi§S:_ :2._Voo'3g4) 2339 is not apposite to the facts of said case, the effect of the proVi'sio'ns' contained 1indef'Se.ction 21(1) of the Act is not co1vivsidere*df;_V made therein to the effect that all that was considered was as to whether the sub~.~t_enant" vsfas..cu1tiVating the land as on 01.03.1974 or immediategr prior ther'e't'o,V are the result of non-consideration of thee. slijhflease under Section 21(1) of the Act and therefore thelliegarned Single Judge erred in placing reliance on said" Vjiidgment and in proceeding on the basis of the provisions of Section 49 without noticing the provisions [contained under section 21 (1) of the Act. » Insofar as the contention urged by the Counsel for the fillants on the basis of the judgment in the case of BAKILANA CI-IINNAPPA VS LAND TRIBUNAL MERCARA TALUK AND OTHERS
Karnataka High Court Cites 3 - Cited by 1 - V G Gowda - Full Document
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