SAPURABI Vs. SHIVALINGEGOWDA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant before us is a land holder and the respondent claims to be his tenant in respect of 3 acres and 10 juntas of land. On the basis that he was a tenant, the respondent filed an application before the Land Tribunal at Arasikere, Arasikere Taluk, State of Karnataka. An order was passed on 30. 6.79 by the said Tribunal. It consisted of a minority judgment by the Chairman and a dissenting note by two other members of the Tribunal. In the order of the Chairman, reference was made to a document executed by the appellant in favour of the respondent as a mortgage and treating the respondent as a mortgagee in possession of land which was the subject matter of the self-redeeming mortgage. But even so, the Chairman took the view that the facts of the case showed that the relationship between the appellant and the respondent was that of landlord and tenant. On that basis, the Chairman held that the respondent, who was the applicant before him, was entitled to occupancy certificate. But the other two members forming the majority of the Tribunal signed a dissenting note as follows:- "as the applicant is a self -redeeming mortgagee, we are not agreeable for the above opinion". No reasons were assigned in the dissenting note of the order of the majority.

(3.) Thereafter, the subsequent events that have taken place reveal that both the appellant and the respondent proceeded on the basis that the above order was in favour of the respondent.