Gunde Rao vs The Land Tribunal and Others

R. Gururajan, J.—Petitioner is before me challenging the order of the Land Tribunal dated 19-4-1988 in this petition.

2, According to petition averments, petitioner is a shareholder Inamdar along with respondents 3 and 4 of lands situated in Sy, No. 235 measuring 31 acres 37 guntas, Sy. No. 236 measuring 12 acres 4 guntas and Sy. No. 238 measuring 18 acres 34 guntas situated at Village Khodli and were inam. lands belonging to respondent 2. Father of the petitioner and respondents 3 and 4 are brothers and sons of late Gunde Rao. Gunde Rao was a Archak and he died in 1950. Father of the petitioner, respondents 3 and 4 jointly succeeded to the Inam lands referred to above and have equal share in the lands and thus were jointly in possession, cultivation and enjoyment of the lands in question. Father of the petitioner died in the year 1980, and consequently, the petitioner being his son succeeded to the lands in question along with respondents 3 and 4. Petitioner and respondent 3 filed Form 7 for grant of occupancy rights. The Land Tribunal granted the same in terms of an order 5-9-1983. That order was successfully challenged in W.P. No. 20958 of 1981. This Court remanded the matter and after remand, the Land Tribunal by its order dated 19-4-1988 has chosen to grant occupancy rights in respect of Sy. Nos. 235 and 236 in favour of respondent 3 and the claim of the petitioner has been rejected. Aggrieved by the said order, petitioner filed an appeal before the Appellate Authority. In the meanwhile, in view of the abolition of the Appellate Authority, a civil petition was filed and the proceedings were transferred to this Court. This is how this petition is listed before me.

2-A. Heard the learned Counsel for the petitioner. He would argue that the order of the Land Tribunal requires my interference on the facts of this case. He would say that his client was doing services to the deity and therefore he is entitled for occupancy rights. He refers to me the evidence on record to say that the Land Tribunal should have granted joint tenancy in the case on hand. Learned Counsel for the respondent supports the order.

After hearing, I have carefully perused the order of the Land Tribunal. Land Tribunal has obtained the statement of the petitioner and so also the statement of respondent 3. Thereafter the Tribunal comes to a conclusion on facts that the petitioner failed to prove the cultivation three years prior to 1-3-1974. It is seen from the evidence on record that the petitioner as well as the third respondent made a statement before the Tribunal and the same is recorded in writing. Third respondent would say that he was cultivating the lands and he has rendering services to the deity. Petitioner in his evidence has nowhere stated that he was cultivating the lands prior to three years from 1-3-1974. In his evidence, he would also say that he came to know about the revenue entries in the name of respondent 3 about 8 to 10 years back. In these circumstances, it cannot be said that Tribunal has committed any error whatsoever in rejecting the case of the petitioner in the light of his failure to prove his tenancy as on 1-3-1974.

Karnataka Certain Inams Abolition Act, 1977 provides for a right to he registered as ''occupant'' in terms of Section 5 of the Act. Section 5 would read as under:

Right to be registered as occupants.-Save as otherwise provided in this Act, with effect from and or the appointed date.-

(1) Every tenant of the inamdar or holder of a minor inam shall be entitled to be registered as an occupant of lands in respect of which he was a tenant immediately before first day of March, 1974.

Section 5(2)(ii) of the Act would read as under:

5(2) (ii). Rendering any service in such institution, and personally cultivating for a continuous period of not less than three years prior to the First day of March, 1974, by contributing his own physical labour or that of the members of his family and enjoying the benefits of any land comprised in the inam of such institution without paying rent as such in money or in kind to that institution in respect of such land, shall be entitled to be registered as an occupant of such land.

In the case on hand, no evidence is available with regard to personal cultivation for a period of not less than three years prior to 1-3-1974, as required u/s 5(2)(ii) of the Karnataka Certain Inams Abolition Act. In these circumstances, the Tribunal is right in rejecting the case of the petitioner.

Learned Counsel for the petitioner relies on the judgment of this Court in Babu Madivala (Deceased) by L.Rs and Others Vs. Kuddu Madivala and Others, . That was a case in which this Court was considering with regard to ''joint family'' under the Karnataka Land Reforms Act, 1961. The said case is factually distinguishable and the said judgment is not available to the petitioner.

No grounds. Petition stands rejected.