RADHU SHEDTHI Vs. GOPALAKRISHNA KEDLAYA

JUDGEMENT

(1.) this revision petition under Section 121-a of the Karnataka Land Reforms Act, 1961 (act' for short) is filed by the petitioner against the order of the land reforms appellate authority dated 10-8-1989 made in case No. Lra 991 of 1988 in confirming the order of the land tribunal, udupi on the ground that it suffers from illegality and procedural irregularity.

(2.) the petitioner has already beengranted occupancy rights in respect of the lands bearing survey Nos. 9 and 18/1 in lry 76-78. He filed another application for grant of dwelling site under Section 38 of the act. The land tribunal after assessing the evidence has ruled that he is not an agricultural labourer, in view of the fact that he has already been granted occupancy rights under Section 48-a of the act. The land tribunal, is of the view that agricultural tenant cannot be an agricultural labourer to claim dwelling site. The said order of the land tribunal has been confirmed by the appellate authority holding that the petitioner was not a agricultural labourer and he is not entitled for allotment of a dwelling site.

(3.) the learned counsel for thepetitioner has strenuously contended that the agricultural tenant is also an agricultural labourer by virtue of Section 2(2) of the act. Section 2(2) of the act reads as follows : " "agricultural labourer" means a person whose principal means a livelihood is manual labour on land; (and includes an artisan whose principal means of livelihood is preparation of agricultural implements)." This definition clause uses the words 'agricultural labourer' denoting a line may be drawn so as to exclude categories like agricultural tenant, obviously not intended to be included. In otherwords it is not and cannot be suggested that in its wide sweep word 'agricultural labourer' is intended to include service however rendered in whatsoever capacity and whatsoever reason. The word agricultural labourer is defined to exclude the agricultural tenant, when it is ascertained from the context of the scheme of the act and the object intended to be served thereby.