TUKARAM GOVIND NAGANVAKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ON the coming into force of the Karnataka land reforms (Amendment) act (act No. 1 of 1974) (hereinafter referred to as "the act"), the deceased first petitioner late tukaram govind naganvakar and the second petitioner (hereinafter referred to as "the petitioners") filed form No. 7 claiming occupancy right in respect of land measuring 4 acres 18 guntas in survey No. 417/1 of nipani village, chikodi taluk, belgaum district. It is their case that their father, one govind naganvakar was originally the agricultural tenant of the said land and he continued to be in possession of the said land as an agricultural tenant till his death in the year 1967; and he was paying rent to the landlord on half crop share basis. After his death, the petitioners, who were cultivating the land in question along with him, continued to be in possession and enjoyment of the said land as agricultural tenants till 1-3-1974 i. e. , the date on which the act came into force. According to the petitioners, one panduranga mirajkar was the owner of the said land and the said panduranga mirajkar sold the said land to the families of respondents 3 to 6. Thereafter, by means of registered sale deed dated 7th April, 1962, the father of the petitioners, the aforesaid govind naganvakar, purchased one-fifth undivided interest in the land in question from the third respondent.

(2.) THE land tribunal, chikodi (hereinafter referred to as "the tribunal"), on consideration of the application filed by late tukaram govind naganvakar and petitioner 2 in form No. 7, by means of its order dated 27th November, 1981, granted occupancy right in favour of deceased first petitioner-late tukaram govind naganvakar and the second petitioner-sakaram govind naganvakar in respect of land measuring 2 acres 8 guntas each in survey No. 417/1 of nipani village, chikodi taluk, belgaum district.

(3.) AGGRIEVED by the said Order, respondents 3 to 6 filed an appeal before the land reforms appellate authority at belgaum (hereinafter referred to as "the appellate authority" ). The appellate authority, by its order dated 22nd May, 1987 made in case No. Ralf-279 of 1986, allowed the appeal, set aside the order passed by the tribunal and rejected form No. 7 filed by the tenants. Aggrieved by the said Order, this petition is filed under Section 121-a of the act.