JAGADEESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In our view, although the High Court had set aside the concurrent findings of fact arrived at by the Tribunals below under the Karnataka Land Reforms Act, 1974 (in short the Act ) in the exercise of its revisional jurisdiction under Section 121A of the Act, even then, this is not a fit case where this Court, in the exercise of its power under Article 136 of the Constitution would interfere with such an order of the High Court.

(2.) The appellants in this appeal, claiming to be the tenants of agricultural land, bearing Survey No. 125/1, measuring 3 acres 11 Gunthas (hereinafter called as the "scheduled land") situated in Lingabahalli Village, Madhugiri Taluk in the State of Karnataka, filed Form No. 7 before the Land Tribunal praying for a declaration that they had acquired occupancy rights in respect of the scheduled land. They alleged that they were cultivating the scheduled land from 1968 till the notified date under the Act on Wara basis giving 1/3rd of the share in the foodgrains to respondent No. 4. Accordingly, the appellants prayed for an order of occupancy right in respect of the scheduled land alleging that they and their father were cultivating the scheduled land as occupancy right holders relying, inter alia, on the entries under the RTC record.

(3.) The case of the appellants, as made out, was disputed by the respondent No. 4. The case of respondent No. 4 was that the scheduled land was mortgaged to the 3rd respondent, Rajashankar, in the year 1968 and after the expiry of the said mortgage, the mortgagee was liable to deliver possession of the same. The case of tenancy as made out by the appellants or their father was denied. It was alleged by the respondent No. 4 that since the respondent No. 3 was a film actor and had settled in Madras (now Chennai), with the consent of the respondent No. 3, the scheduled land was given to the father of the appellants and the father of the appellants was cultivating the same from the year 1968 but not as a tenant. Accordingly, they prayed for rejection of the application filed by the father of the appellants claiming occupancy rights under the Act. Initially, the Land Tribunal allowed the application of the father of the appellants and feeling aggrieved, a writ petition was filed against the said order. The High Court had set aside the order of the Land Tribunal and remanded the case back to the Tribunal for a fresh decision. The Land Tribunal, after remand, relying on the entries in the RTC record and some other materials on record, granted occupancy rights in favour of the appellants.