KALYANI SHEDTHI. D/O. LATE SOMU SHEDTHI Vs. LAND TRIBUNAL, MOODABIDRI, MANGALORE TALUK, BY ITS CHAIRMAN AND OTHERS

JUDGEMENT

(1.) THE predecessor of the petitioners made an application in Form No. 7 for grant of occupancy rights in respect of various items of land including the land in question. Suffice it to note the matter was before this Court by way of a writ petition. This Court allowed the writ petition and remitted the matter for fresh disposal insofar as Sy. No. 164/7 measuring 56 guntas and Sy. No. 164/27 measuring 9 guntas.

(2.) INDEED the contention of the landlord was they were all poonja lands and non -agricultural. The remand was also in respect of only these two survey numbers, Insofar as the occupancy right in respect of the other lands are concerned, the same stood confirmed by this Court. A statement was made by the landlord before the Tribunal indicating that two items of land have to be excluded on the ground that they are poonja lands. Indeed a finding is recorded by the Tribunal that they are poonja non -agricultural lands. Hence, declined to grant the same.

(3.) INDEED the Tribunal has taken into consideration the statement made by the landlord as well as on the basis of a spot inspection has recorded a finding that these two lands are not agricultural lands and no agricultural activities are being carried. Indeed the definition of agriculture as well as cultivation as found in the Act are not forthcoming. Having said so, I am of the view that the order passed by the Land Tribunal declining to grant: occupancy rights on the ground that they are agricultural lands, cannot be faulted.