JUDGMENT : ALOK ARADHE, J. 1. In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 30.03.2007 passed by the learned Single Judge in W.P. No. 21925/2001, by which writ petition preferred by the appellant has been dismissed and the order of the land tribunal dated 25.05.2001 has been affirmed. 2. Facts leading to filing of this appeal briefly stated are that one Marulaiah purchased land bearing Sy. No. 33/2 measuring 10 acres situate at Hosakerehalli Village, Uttarahalli Hobli, Bangalore South in a public auction in the year 1958. The aforesaid Marulaiah during his lifetime, had sought for conversion of land of 7 acres out of 10 acres of land for non agricultural purpose i.e. for locating diary farm, poultry farm and agricultural industry. The Deputy Commissioner by an order dated 08.07.1968 passed under Section 95 of the Karnataka Land Revenue Act, 1964, granted conversion of 7 acres of land for non agricultural purpose. The appellant herein is the owner of an adjacent land. The aforesaid Marulaiah expired on 14.12.1974 and the land devolved on the son of late Marulaiah viz. G.V. Appaji who was resident of Shimoga. 3. The appellant filed an application in Form No. 7 for grant of occupancy rights in respect of lands measuring 10 acres. The land tribunal by an order dated 29.09.1979 granted the occupancy rights in favour of the appellant. The aforesaid order was challenged in W.P. No. 19783/80, which was allowed by a bench of this court on 04.06.1981 and the matter was remitted to the land tribunal for a fresh enquiry. The tribunal by an order dated 20.07.1982 allowed the application filed by the appellant. The said order was challenged in a writ petition viz. W.P. No. 14150/97, which was allowed by an order dated 15.03.1999 and the order of the land tribunal was again quashed and the matter was remitted to the tribunal afresh. The tribunal after recording further evidence, by an order dated 25.05.2001 granted occupancy rights in favour of the appellant in respect of 3 acres of land and his application in respect of 7 acres of land was rejected on the ground that the aforesaid land measuring 7 acres was already converted for non agricultural purposes on 08.07.1968, prior to 01.03.1974. The tribunal after recording further evidence, by an order dated 25.05.2001 granted occupancy rights in favour of the appellant in respect of 3 acres of land and his application in respect of 7 acres of land was rejected on the ground that the aforesaid land measuring 7 acres was already converted for non agricultural purposes on 08.07.1968, prior to 01.03.1974. The said order was challenged by the appellant as well as the legal representatives of late G.V. Appaji. The learned Single Judge by a common order dated 30.03.2007 dismissed both the writ petitions. In the aforesaid factual background, the appellant/tenant has filed this appeal. 4. Learned counsel for the appellant submitted that the learned Single Judge erred in dismissing the writ petition filed by the appellant. It is further submitted that the finding recorded by the learned Single Judge that the appellant is in possession of the land in question from 1970 is factually incorrect and opposed to evidence on record. It is further urged that the expression “Dairy Farming” and “Poultry Farming” were substituted in the Act by Amendment Act No. 1/1974 with effect from 01.03.1974 and therefore, the aforesaid terms were retrospective in nature and therefore, the order of conversion, which was passed on 08.06.1968 could not be given effect to either by the tribunal or the learned Single Judge. 5. On the other hand, learned Additional Government Advocate for respondent No. 1 has supported the order passed by the land tribunal as well as the learned Single Judge. Learned counsel for respondent No. 3 and respondent No. 4 also supported the order passed by the land tribunal and the learned Single Judge. 6. We have considered the submissions made by learned counsel for the parties and have perused the record. The issue, which arises for consideration in this appeal is with regard to claim of the appellant for grant of occupancy rights in respect of 7 acres of land in question. Before proceeding further it is apposite to take note of Sections 44 and 45 and Section 2(18) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as ‘the Act’ for short) which read as follows: 44. Before proceeding further it is apposite to take note of Sections 44 and 45 and Section 2(18) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as ‘the Act’ for short) which read as follows: 44. Vesting of lands in the State Government: (1) All lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the Amendment Act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government. (2) Notwithstanding anything in any decree or order of or certificate issued by any Court or authority directing or specifying the lands which may be resumed or in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting and save as otherwise expressly provided in this Act, the following consequences shall ensue, namely: (a) all rights, title and interest vesting in the owners of such lands and other persons interested in such lands shall cease and be vested absolutely in the State Government free from all encumbrances. (b) all amounts in respect of such lands which become due on or after the date of vesting shall be payable to the State Government and not to the land-owner, land-lord or any other person and any payment made in contravention of this clause not be valid. (c) all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the land-owner, landlord or other person by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears from the amount payable to any person under this Chapter. (d) no such lands shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force. (d) no such lands shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force. (e) the State Government may, after removing any obstruction which may be offered, forthwith take possession of such lands: Provided that the State Government shall not dispossess any person of any land in respect of which it considers, after such enquiry as may be prescribed, that he is prima face entitled to be registered as an occupant under this Chapter. (f) the land-owners, landlord and every person interested in the land whose rights have vested in the State Government under clause (a), shall be entitled only to receive the amount from the State Government as provided in this Chapter. (g) permanent tenants, protected tenants and other tenants holding such lands shall, as against the State Government, be entitled only to such rights or privileges and shall be subject to such conditions as are provided by or under this Act; and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine and shall not be enforceable against the State Government. 45. Tenants to be registered as occupants of land on certain conditions: (1) Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sublet, such sub-tenant shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally. 1962: KAR. [ACT 10] Land Reforms 65 (2) If a tenant or other person referred to in sub-section (1): (i) holds land partly as owner and partly as tenant but the area of the land held by him as owner is equal to or exceeds a ceiling area he shall not been entitled to be registered as an occupant of the land held by him as a tenant before the date of vesting. (ii) does not hold and cultivate personally any land as an owner, but holds land as tenant, which he cultivates personally in excess of a ceiling area, he shall be entitled to be registered as an occupant to the extent of a ceiling area. (iii) holds and cultivates personally as an owner of any land the area of which is less than a ceiling area, he shall be entitled to be registered as an occupant to the extent of such area as will be sufficient to make up his holding to the extent of a ceiling area. (3) The land held by a person before the date of vesting and in respect of which he is not entitled to be registered as an occupant under this section shall be disposed of in the manner provided in section 77 after evicting such person. 2(18) “Land” means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticulture land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non agricultural purposes. 7. Thus, from perusal of Section 2(18) of the Act, it is evident that the expression 'land' means agricultural land i.e. the land, which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticulture land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non agricultural purposes. 8. Admittedly, in the instant case, the land measuring 7 acres was converted for non agricultural purposes by an order dated 08.06.1968 passed by the Tahsildar in exercise of powers under Section 95 of the Act for locating diary farm, poultry farm and agricultural industry subject to the terms and conditions mentioned therein. The said order has not be challenged by any of the aggrieved person and has attained finality. The aforesaid order binds the appellant as well. In view of the fact that the land measuring 7 acres out of 10 acres of land of Sy. No. 33/2 was converted from non agricultural purpose, the aforesaid land was not the land as defined under the provisions of the Act. The aforesaid order binds the appellant as well. In view of the fact that the land measuring 7 acres out of 10 acres of land of Sy. No. 33/2 was converted from non agricultural purpose, the aforesaid land was not the land as defined under the provisions of the Act. It is pertinent to note that before the appellant was alleged to have been inducted as a tenant in respect of land measuring 7 acres, the aforesaid land was already developed for non agricultural purposes and was not a land as defined under the Act and therefore, the provisions of the Act do not apply to the land in question. Thus, the claim of the appellant in respect of 7 acres of land was not maintainable for grant of occupancy rights under the Act. Therefore, the land tribunal as well as the learned Single Judge rightly negatived the claim of the appellant with regard to grant of occupancy rights in respect of 7 acres of land of Sy. No. 33/2. The concurrent finding of fact recorded by the land tribunal and learned Single Judge does not suffer from any infirmity warranting interference of this court in this intra court appeal. 9. In the result, we do not find any merit in this appeal, the same fails and is hereby dismissed.