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PROCEDURAL AND LEGAL ASPECTS OF LAND REVENUE RECORD ENTRY IN KARNATAKA


Karnataka Land Revenue Act Section 128 (4) : Acquisition of rights to be reported: 4. No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgage, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 unless the person liable to pay the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in Section 129; and, on the registration of such a document, the registering authority shall make a report of the right to the prescribed officer.

Section 129 (2) Whenever a prescribed officer makes as entry in the Register of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

Section 129 (6) Entries in the Register of Mutations shall be tested and if found correct or after correction, as the case may be, shall be certified by such officer as may be prescribed.

Section 129 (7) The transfer of entries from the Register of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that any entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified.


Justice R Jois, Justice Ramakrishna in  Srimanmaharaja Niranjana Sri Murugharajendra Bruhan Mutt of Chitradurga vs Deputy Commissioner  ILR 1986 KAR 1059, 1986 (1) KarLJ 373 “Chapter XI of the Act,(Karnataka Land Revenue Act)  which regulates the making of the entry in the Record of Rights. Section 127 of the Act deals with the preparation of record of rights according to the prescribed procedure. According to Sub-section (3) of Section 127 of the Act, the record of rights so prepared and completed in respect of any village is required to be published in the Official Gazette in such manner as may be prescribed. In other words, this provision relates to the preparation of record of rights in the first instance under the provisions of the Act. Section 128 of the Act provides for reporting of the acquisition of rights in respect of lands covered by the provisions of the Act. Therefore, whenever any person acquires the right to any landed property for which the Act applies from its original owner by lease, mortgage, gift, purchase etc., the said Section provides for reporting of such acquisition of rights and for receiving it by the authority specified on payment of prescribed fee. Section 129 prescribes the procedure for registration of mutations reported under Section 128. Sub-section (1) of Section 129 of the Act provides for making an entry in the register of mutations of every report made to him under the provisions of Section 128 of the Act. Sub-section (2) of Section 129 of the Act provides for publication of a copy of the entry so made as also for giving written intimation to all persons interested, as disclosed in the revenue records. If there were to be any objections,, Sub-section (3) requires the prescribed officer to enter the particulars of the objection in the register of disputed cases. Sub-section (4) of Section 129 of the Act empowers the prescribed authority to decide the disputes following the procedure as prescribed under Sub section (5). Subsection (6) of Section 129 of the Act provides for making an entry and certifying the entry relating to mutations in accordance with the order made after such inquiry. Sub-section (7) of Section 129 provides for transfer of certified entries made in the register of mutations to the record of rights. Section 135 of the Act bars the jurisdiction of the Civil Courts in respect of an order made under any of the provisions of the Chapter against the Government. The proviso under the said provision, however, provides that a person aggrieved by any entry made in any record or register may institute a suit against any person denying or interested in denying his title to such right and also provides that the entries in the record of right shall be amended in accordance with any declaration granted by the Civil Court.”

Justice H.V.G. Ramesh, in  Mahadevappa And Ors. vs State Of Karnataka ILR 2008 KAR 1750 It is high time to intimate the Revenue Department and the concerned Department to meticulously follow the procedure as provided under Section 128 & 129 of the Karnataka Land Revenue Act and also it should be made mandatory as a matter of responsibility on the part of the Government to save the public from the precarious situation and also there shall be timely action by the revenue authorities without there being any delay on their part in making entries in the mutation register and other registers in the revenue office and in the Corporation/Municipality in city limits to avoid future complications. ……. Government Pleader to communicate this order to the Government and the Government in turn shall direct Secretary to Revenue Department to circulate this order in the department to follow the procedure as provided under Section 128 & 129 of the Land Revenue Act for due compliance and taking follow up action. For such non-compliance by the concerned Revenue Authorities, the Department shall prescribe some norms to initiate action.

Bhimappa Channappa Kapali ... vs Bhimappa Satyappa Kamagouda ILR 2002 KAR 3055, 2003 (2) KarLJ 148 Bench Justice  N Jain, Justice N Kumar, “The entry in the RTC is made during the pendency of the legal proceedings initiated by Shivawwa for cancellation of the gift deed and more so it is on the basis of a collusive vardhi, as such the said entry would not give rise to any presumption. That apart she submitted that before an entry is made in the RTC in the name of the deceased appellant, the procedure prescribed in law under Sections 128 and 129 of the Land Revenue Act has not been followed, as such no presumption would arise under Section 133 of the said Act…… Any person who does not lawfully enter on the land of another and cultivate the same cannot claim the status of a deemed tenant under Section 4 of the Act. Though, in the case of Dahya Lala, supra, the Hon'ble Supreme Court held it is not the condition that the applicant must cultivate land with the consent or under the authority derived directly from the owner, to import such a condition is to rewrite the section, and destroy its practical utility, a person who derives his right to cultivate land from the owners would normally be a contractual tenant and he will obviously not be a "deemed tenant". Persons such as licensees from the owner may certainly be regarded as falling within the class of persons lawfully cultivating the land belonging to others, but it cannot be assumed therefrom that they are the only persons who are covered by the section. A tenant lawfully inducted by a mortgagee shall on redemption of the mortgage be deemed to be a tenant under the mortgagor…."Lawfully cultivating" must have some foundation in a legal right to cultivate the property. Lawful cultivation cannot Be established without concomitant existence of a lawful relationship. Lawful cultivation must have origin in a legal right to cultivate the property. In the absence of any such right to cultivate, it cannot be said that merely because a person is cultivating the land he is held to be in lawful cultivation. A person who cultivates the land against the wishes of the owner cannot be said to be in lawful cultivation. Merely because no action is taken against him and he has continued to cultivate for a considerable period of time would not make his cultivation lawful. The essence of lawful cultivation is that one should enter possession of the land under some colour of right and cultivate the land as a matter of right, otherwise it cannot be said that he is in lawful cultivation of the land in question. Therefore, in the absence of any legal right a person who is cultivating the land cannot claim a status of deemed tenant under Section 4 of the Act.

In Jayamma v. Maria Bai Dead by proposed L.Rs. and Another [(2004) 7 SCC 459], this Court has held that when an assignment or transfer is made in contravention of statutory provisions, the consequence whereof would be that the same is invalid and thus opposed to public policy………….

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KARNATAKA LAND LAWS