BISTAPPA Vs. PUTTAPPA

JUDGEMENT

(1.) This is tenants' writ petition challenging the order dated 2-2-1977 passed by the Land Tribunal, Haveri, rejecting their application filed in Form No. 7 for grant of occupancy rights in respect of the lands in Sy. Nos. 11/4 and 12/4 of Galagnath village in Haveri Taluk, measuring 9 acres 16 guntas and 8 acres 7 guntas respectively, on the ground that the land in question was cultivated by the petitioners on advance lease (Agavu lavani) basis.

(2.) The Land Tribunal while reaching the above conclusion has relied upon the decision of this Court in Veerappa Rudrappa Alagawadi v. Land Tribunal ((1976) 1 Kar.L.J. 98.). Venkataramaiah, J., as he then was Was considering a case which related to "undu biduva karara Agava Lavana". The facts in that case were, the tenant had obtained "undu biduva karara; Agava Lavana" advancing a sum of Rs. 600/- for a period of five years and even after the expiry of the period of live years, he continued to be in possession and cultivation of the land paying the rent. While considering the facts of the case, his Lordship has observed thus:

(3.) In my opinion, the above cited decision relied upon by the Land Triunal does not bear upon the facts of this case. The nature of tenancy arising in this case is only 'agavu lavani'. Its simple English translation is 'advance lease'. While interpreting the words 'agavu layani' this Court in Marthanda Rao Shankar Rao Patil v. Land Tribunal Haven (ILR (1977) Kar. 648.) Malimath J. has held that the expression used 'Agavu Lavani' is a well known expression used in Bombay-Karnataka area to convey the meaning that the transaction is an advance lease transaction and there are no recitals in the document from which an inference can be drawn that the transaction is not in reality an advance lease transaction but a mortgage transaction .