S. N. Variava, J. - (1.) This Appeal is against an Order dated 7th August, 1996.
(2.) Briefly stated the facts are as follows: Prior to 1971 one Smt. Muniyamma was the owner of the concerned land. She sold the said land to one Shri G. M. Munivenkate Gowda in 1971. The Appellant signed the sale Deed as an Attestor.
(3.) On 1st March, 1974 the Karnataka Land Reforms Act of 1961 was amended. Original Sections 44 and 45 were substituted. Section 44 and the relevant portions of the substituted Section 45 read as follows: "44. Vesting of land in the State Government.- (1) All lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the Amendment Act, other than lands held by them under leases permitted under Section 5 shall with effect on and from the said date, stand transferred to and vest in the State Government. (2) Notwithstanding anything in any decree or order of or certificate issued by any Court or authority directing or specifying the lands which may be resumed or in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting and save as otherwise expressly provided in the Act, the following consequences shall ensure, namely:-- (a) all rights, tilte and interest vesting in the owners of such lands and other persons interested in such lands shall cease and be vested absolutely in the State Government free from all encumbrances; (b) (x x x x x ) amounts in respect of such lands which become due on or after the date of vesting shall be payable to the State Government and not to the land owner, landlord, or any other person and any payment made in contravention of this clause shall not be valid; (c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the land-owner, landlord or other person by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears from the amount payable to any person under this Chapter; (d) no such lands shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force: (e) the State Government may, after removing any obstruction which may be offered, forthwith take possession of such lands; Provided that the State Government shall not dispossess any person of any land in respect of which it considers, after such enquiry as may be prescribed, that he is prima facie entitled to be registered as an occupant under this Chapter. (f) the land-owner, landlord and every person interested in the land whose rights have vested in the State Government under clause (a) shall be entitled only to receive the amount from the State Government as provided in this Chapter; (g) permanent tenants, protected tenants and other tenants holding such lands shall, as against the State Government be entitled only to such rights or privileges and shall be subject to such conditions as are provided by or under this Act and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine and shall not be enforceable against the State Government. 45. Tenants to be registered as occupants of land on certain conditions.- (I) Subject to the provisions of the succeeding sections of the Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sub-let, such sub-tenant shall with effect on and from the date of vesting be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally. (2) and (3) ********** ;