Chapter IX PROCEDURE AND JURISDICTION OF 1[COURTS]1 AND APPEALS 2[111. x x x]2

The duties and functions of the Tahsildar and Tribunal shall be as specified below:— (A) Duties of Tahsildar.— (a) to decide a dispute between the landlord and the tenant regarding the rent payable under sub-section (2) of section 9; (b) to determine the compensation payable to a tenant under section 11; (c) to declare the vesting in the State Government of the lands referred to in sub-section (6) of section 15 or section 20; (d) not to order restoration of possession to the landlord on the tenant paying the arrears of rent together with the cost of proceedings under section 23; (e) to determine compensation for trees payable under section 27; (f) to order recovery of costs incurred on bunds and costs of proceedings under sub-section (2) of section 30; (g) to grant certificate under sub-section (2) of section 37; (h) to determine the reasonable price of land under sub-section (2) of section 39; (i) to pass orders on application for possession under sub-section (3) of section 41; (j) to order forfeiture of crops and payment of costs and penalty under sub-section (4) of section 41; (k) to hold an inquiry and pass orders in cases relating to recovery of rent under section 42; (l) to determine the amount payable under section 47 and also to prepare a statement of distribution of the amount under section 48B; (m) to determine the encumbrances and arrange payment of amount under section 50; (n) to issue a certificate, under section 55; (o) to order forfeiture of the right, title and interest of a person in the land under sub-section (2) of section 58; (p) to condone failure to cultivate personally under section 60; (q) to pass order imposing penalty under section 66A; (r) x x x; (s) to determine the compensation under section 71; (t) to pass order imposing penalty and requiring a person to furnish a true and correct declaration under sub-section (2) of section 79C; (u) to perform such other duties and functions as are imposed on the Tahsildar by any other provision of this Act or under any rule made thereunder. (B) Duties of Tribunal.— (a) to make necessary verification or hold an enquiry (including local inspection) and pass orders in cases relating to registration of a tenant as occupant under section 48A; (b) to decide whether a person is a tenant or not; (bb) to decide whether the land in respect of which an application under section 48A is made or in respect of which any question of tenancy is raised or involved, is or is not agricultural land; (bbb) to decide questions referred to it under section 133; (bbbb) to issue interim orders under section 48C; (bbbbb) determination of the land to be surrendered under section 67; (c) to hold necessary enquiry (including local inspection) and pass orders in cases relating to registration of agricultural labourers as owners of dwelling houses and land appurtenant thereto under section 38; (d) to perform such other duties and functions as are imposed on the Tribunal under the provisions of this Act or under any rule made thereunder.

(1) Save as otherwise expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) shall be applicable in respect of all applications and proceedings under this Act before the court. (2) x x x (3) x x x

Save as expressly provided by or under this Act, all enquiries and proceedings before the Tahsildar or the Deputy Commissioner shall be commenced by an application which shall contain the following particulars:— (a) the full name, age, profession, address and place of residence of the applicant and the opponent; (b) a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be; (c) the circumstances out of which the cause of action arose; (d) a list of the applicant‘s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the date of the hearing; (e) such other particulars as may be prescribed.

(1) The Court shall exercise the powers, and shall as far as possible follow the procedure of a Court of Small Causes as provided in the law for the time being in force relating to the powers and procedure of such court, in making enquiries, recording of evidence and of decisions at such enquiries. (2) For the purpose of any enquiry or proceedings under this Act, the Tribunal, the Deputy Commissioner or other officer of the Revenue Department may exercise all or any of the powers under the Karnataka Land Revenue Act, 1964 and shall follow such procedure as may be prescribed. (3) In every enquiry in which the parties are heard before orders are passed, the orders shall be pronounced in open court after notice to the parties, and the decision of the Court or the Tribunal, the Deputy Commissioner or other officer intimated to the parties concerned by post.

(1) Any sum the payment of which has been directed by an order of the Tahsildar or other authority shall be recoverable from the persons ordered to pay as an arrear of land revenue. (2) An order of the Tahsildar or other authority awarding possession or restoring the possession or use of any land shall be executed in the same manner as an order passed by a revenue officer under the Karnataka Land Revenue Act, 1964.

(1) x x x (1A) x x x (2) From every order passed by the Deputy Commissioner or an officer authorised under sub-section (1) of section 77, or sub-section (1) of section 77A the Assistant Commissioner or the prescribed authority under section 83, an appeal shall lie to the Karnataka Appellate Tribunal and the order of the Revenue Appellate Tribunal on such appeal shall be final. (2a) x x x (2b) From every order passed by the Tahsildar, an appeal shall lie to the Assistant Commissioner and the order of the Assistant Commissioner on such appeal shall be final. (3), (4), (5), (6) x x x

The Regional Commissioner may of his own motion or on the application of any person at any time call for and examine the record of any order passed by the Assistant Commissioner against which no appeal lies or the record of any order passed or proceeding recorded by the Tahsildar for the purposes of satisfying himself as to the legality or propriety of such order or as to the regularity of such proceeding and may pass such order with respect thereto as he thinks fit: Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.

(1) The Deputy Commissioner or an officer or authority authorised under sub-section (1) of section 77 or the Assistant Commissioner or the prescribed authority under section 83, or the Tahsildar may at any time before the expiry of the period prescribed for appeal and pending the filing of the appeal, direct the stay of execution of any order passed by such officer or authority, as the case may be, for such period as it or he deems fit. (2) Any authority before whom a case is pending in appeal may direct the stay of execution of the order appealed from for such period as it thinks fit. (3) The, officer or other authority directing such stay of execution of any order may impose such conditions, or order such security to be furnished, as it or he may think fit.

(1) The Karnataka Appellate Tribunal or the Assistant Commissioner in appeal may confirm, modify or rescind the order in appeal or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act. (2) The orders of the Karnataka Appellate Tribunal in appeal shall be executed in the same manner provided for the execution of orders under section 116.

The High Court may at any time call for the records of any order or proceeding recorded by the Appellate Authority under this Act or any other law for the purpose of satisfying itself as to the legality of such order or as to the regularity of such proceeding and may pass such order with respect thereto as it thinks fit; Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.

Every appeal under this Act shall be filed within a period of sixty days from the date of the order of the Deputy Commissioner or an officer authorised under sub-section (1) of section 77 or the Assistant Commissioner or the Prescribed Authority or the Tahsildar when the party or the legal practitioner appearing on his behalf is present at the time the order is pronounced, and in other cases within a period of sixty days from the date on which the order is communicated to the party by post. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall be applicable to such appeal.

Where the Tribunal, either suo motu or otherwise, after such enquiry as it considers necessary is satisfied that an order under sub-section (1) of section 67 has been obtained by fraud, mis-representation, or suppression of facts or by furnishing false, incorrect or incomplete declaration, it may, within a period of two years from the date of such order or within the 31st day of December, 1995, whichever is later, reopen the case and pass such order with respect thereto as it thinks fit: Provided that no such order shall be made except after giving the person likely to be affected thereby a reasonable opportunity of being heard.

(1) Notwithstanding anything contained in the Karnataka Court-fees and Suits Valuation Act, 1958, every application or appeal made under this Act to the Court, Tahsildar Assistant Commissioner, Tribunal Deputy Commissioner, the District Court or the Karnataka Appellate Tribunal or other authority shall bear a court-fee stamp of such value as may be prescribed. (2) Notwithstanding anything contained in the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), no court fee shall be payable on every appeal treated as a writ petition by the High Court under section 17 of the Karnataka Land Reforms (Amendment) Act, 1990.

All enquiries and proceedings before x x x, the Deputy Commissioner, the Tribunal x x x the Assistant Commissioner or the Tahsildar or the Karnataka Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 229, 257 and 267 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).