BABU YALLAPPA SANADI Vs. LAND TRIBUNAL BELGAUM

JUDGEMENT

(1.) THIS revision petition is filed against the orders passed by the district land reforms appellate authority, belgaum, in appeal No. Ralr 246 of 1986, dated 29-3-1990 confirming with modification the order of the land tribunal, belgaum in case No. Klr bastwad/sr 119+120+122+123+127+128+95+8+10 relating to the land in dispute in sy. No. 27 of bastwad village.

(2.) THE revision petitioner filed form 7 before the land tribunal claiming occupancy rights in respect of 1 acre 27 guntas of land in sy. No. 27 of bastwad village. The original owner contested the said proceedings. The land tribunal after holding an enquiry, came to the conclusion that, though the land was a tenanted land, the revision petitioner was not in possession of the said land by the notified date, since his father surrendered the tenancy rights in favour of the original owner and ordered for vesting the land in state. The correctness of the said order has been questioned both by revision petitioner and also by the 3rd respondent by filing writ petitions before this court. The present revision petitioner filed W. P. No. 1498 of 1992 which was subsequently transferred to the land reforms appellate authority after the said authority was constituted on amendment of the Karnataka land reforms act and it was numbered as ralr 234 of 1986. Respondent 3 filed W. P. No. 8649 of 1982, it was also transferred to the land reforms appellate authority and it was numbered as appeal No. Ralr 246 of 1986. Since the revision petitioner denied that he has given any statement before the land tribunal admitting the surrender of the land, the appellate authority permitted both parties to adduce their evidence. Accordingly, both parties have adduced their evidence. On appreciation of the said evidence adduced, the appellate authority came to the conclusion that there was valid surrender of tenancy right in respect of the land in dispute by the father of the present petitioner in the year 1956 and thereafter, the original owner has taken possession of the said land and sold the same in favour of the respondent 3 in the year 1972 under the registered sale deed executed by him and put him in possession of the land in dispute on 9-2-1972. The appellate authority further found that, either the present petitioner or his father was never in possession and cultivation of the land in dispute subsequent to the year 1956 and that from the year 1957 till the year 1972 the previous owner of the land hazarat sab mira sab inamdar was in possession of the said land as per the entries made in the rtc registers and the mutation entry No. 1356 dated 18-2-1957 ex. B-16 and that after 1972 respondent 3 purchased the above said land and came in possession of the same. The appellate authority therefore, dismissed the appeal filed by the present revision petitioner and allowed the appeal filed by respondent 3 setting aside the order passed by the land tribunal directing the vesting of land in dispute in state. The legality and correctness of the said order of the appellate authority is now challenged in the present proceedings by the revision petitioner.

(3.) I have heard the arguments advanced by the learned counsel appearing on both sides.