2002 AIR - KANT. H. C. R. 2022 ::2002 AIHC 3391 ::(2002) 2 LACC 459 ::(2002) 3 ICC 650 ::(2003) 2 Kant LJ 158

Karnataka High Court

Hon'ble Judge(s): N. K. Jain , C.J. AND V. G. Sabhahit, N. Kumar , JJ

Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act (2 of 1979) , S.4— Karnataka Land Grant Rules (1966) , R.9— Period of non-alienation - Computation of - Starting point - Crucial date is date of taking possession of granted land by grantee - Expression 'date of grant' used under 1956 and 1958 Rules - Has to be understood as date of taking possession of land. The object of the 1979 Act is to provide for the prohibition of transfer and for restoration of lands granted by the Government belonging to the Scheduled Castes and Scheduled Tribes in the State. The whole object of Act is that grantee @page-Kant2023 should enjoy the land by cultivating the same for a period stipulated in the grant order or the grant certificate. If the grantee is already in possession prior to the date of grant as he had no title to the said land date of order of the grant confers on him the title to the land and therefore it is the date of order of grant which is to be taken into consideration. The legislative intent is clear from the words used in 1969 Rules where the term 'date of grant' was deleted and 'date of possession' was introduced. In either of the Rules date of saguvali chit is not referred to at all. If date of saguvali chit is to be taken as the date on which grantee is put in possession then irres....