Allottee Becomes Landlord On Receiving Share In Partition, Continuation Of Tenancy Need Not Be In Writing: Karnataka HC Grants Relief To Ex-Serviceman
Live LawThe Petitioners, ancestor of one Umar Beary, were tenant of the subject land that belonged to the ownership of the father of the ex-serviceman, allegedly since 1940 or so. The respondent, having retired from the defence service in 1993, had applied under Section 15 of the Karnataka Land Reforms Act, 1961 seeking resumption of the land in question contending that during his defence service, he had continued the tenancy created by his father. The High Court rejected the contention of the Petitioners that the Respondent is not the owner of subject land and said, "Apparently, there were several lands with the joint Hindu family. It said, "Section 5 enacts an absolute embargo on leasing of agricultural land, and clause of sub-section carves out an exception to this when tenancy is created or continued by defence personnel. Further it observed, "The Legislature differentiates between the creation of lease and its continuation when it comes to the intended resumption of tenanted land in favour of ex-serviceman; this intent of the Legislature is as clear as Gangetic waters."
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