Buyer’s Court-Executed Sale Deed Survives Heirs’ PTCL Challenge, As Karnataka HC Finds Grant Was Under Land Reforms Act, Not PTCL

Smt. Dhanawwa was granted 4 acres 20 guntas under Section 77 of the Karnataka Land Reforms Act, 1961 (KLR Act), as a landless agricultural labourer.

She agreed to sell the land to the petitioner but did not execute a sale deed.

The petitioner obtained a decree for specific performance, directing execution of the deed after obtaining any necessary permission under the PTCL Act; the deed was later executed through court in execution proceedings.

Dhanawwa’s legal heirs then invoked Section 5 of the PTCL Act.

The Assistant Commissioner cancelled the sale deed and ordered resumption of the land; the Deputy Commissioner dismissed the petitioner’s revision.

The petitioner challenged both orders in the High Court.

Section 77 of the KLR Act provides for the grant of vested excess land to eligible persons, including landless agricultural labourers.

The PTCL Act governs transfers of lands granted under that Act and empowers the competent authority to act in respect of such transfers.

The court held that, because the grant in this case was made under Section 77 of the KLR Act and not under the PTCL Act, the authorities could not invoke the PTCL Act to cancel the transfer.

No precedents were cited.

The grant order expressly showed that the land was granted under Section 77 of the KLR Act from excess land vested in the State, rather than under the PTCL Act.

The High Court therefore concluded that the Assistant Commissioner lacked jurisdiction to entertain the legal heirs’ application under the PTCL Act and cancel the sale deed executed through court; the Deputy Commissioner’s affirming order likewise could not stand.

No order was made as to costs.