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april 1978

Supreme Court of India · 1978-04-28

NOOR MOHD. KHAN GHOUSE KHAN SOUDAGAR AND ANR. vs FAKIRAPPA BHARMAPPA MACHENAHALLI AND ORS.

Citation / case number
SC 1968/60439
Court
Supreme Court of India
Petitioner
NOOR MOHD. KHAN GHOUSE KHAN SOUDAGAR AND ANR.
Respondent
FAKIRAPPA BHARMAPPA MACHENAHALLI AND ORS.
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that the jurisdiction of Civil Courts is barred under Section 132 of the Karnataka Land Reforms Act, which is analogous to Section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Court emphasized that an agriculturist cannot be evicted from land deemed to be a tenant except in accordance with the provisions of the Karnataka Act, as per the saving sub-section IA inserted by Act 14 of 1965 in Section 142. The appeals were dismissed, affirming the High Court's decision that actual delivery of possession could not be granted against the tenant without following the statutory requirements.

NOOR MOHD. KHAN GHOUSE KHAN SOUDAGAR AND ANR. vs FAKIRAPPA BHARMAPPA MACHENAHALLI AND ORS. · Niyam