NINGE GOWDA @ SIDDE GOWDA S/O. SIDDE GOWDA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF LAND REFORMS VIDHANA SOUDHA BANGALORE-560 001

JUDGEMENT

(1.) THIS petition is by the landlord. He questions the order passed by the Land Tribunal granting occupancy rights in favour of respondents 3 and 4. The matter arises in the following manner: One Sidde Gowda, the father of petitioner was the owner of the land in question i.e., survey No. 17 Pleasuring 3 acres 12 guntas having purchased the same in the year 1967, It is the case of the petitioner that the land was under personal cultivation. Nevertheless one Varade Gowda along with respondents 2 and 3 filed an application in Form No. 7 claiming occupancy rights. The said Varade Gowda, died leaving behind respondents 3 and 4 as his legal heirs to continue the said proceedings. Suffice it to note that the Land Tribunal initially rejected the application of Varade Gowda which was the subject matter of proceedings before the Land Reforms Appellate Tribunal During the pendency of the proceedings, the said Varade Gowda died. But, however, no steps were taken. It appears, Varade Gowda along with respondents 3 and 4 also trade another application in the year 1991 for grant of occupancy rights in respect of the same land. The land Tribunal has granted occupancy rights which is questioned in this writ petition.

(2.) INCIDENTALLY , it is to be noticed that during the pendency of the present proceedings, certain facts have been brought about by way of an amendment application indicating that the said Varade Gowda 3/o. Javare Gowda, the elder brother of respondents 2 and 3 had fifed Form No. 7 before the Land Tribunal, Kanakapura claiming occupancy rights regarding the lend in question. In that connection, he has fried a writ petition i.e., W.P. No. 14984/ 1984 before this Court The said proceedings wane transferred in the Land Reforms Appellate Authority, Bangalore and re -numbered as ALRA 958/87. During the pendency of the appeal, the petitioner filed an application on 4.9.1990 to implead himself in the said proceeding. But however, the Appellate Authority was abolished and the proceedings were transferred to this Court on an application made by the tenant It appears, the said Varade Gowda died during the pendency of the proceedings before the Land Tribunal Ali these facts have been brought about by the amendment application. The grounds raised by way of amendment are that the Tribunal has no jurisdiction to consider the application in Form No. 7 filed by Varade Gowda and respondent No. 3 in as much as it was filed beyond the statutory period.

(3.) A perusal of the impugned order discloses that the Tribunal has not considered the material an record in as much as no reasons are given an to why the application fifed by respondents 3 and 4 is granted. Incidentally, the Tribunal observes that the landlord has not been able to show that respondents 3 and 4 are not cultivating the land as a tenant. Indeed, it is to be noticed that the burden in essentially on the tenants to prove that they are cultivating the lands in question as on the appointed date i.e., 1.3.1974. In the absence of any such material. Tribunal could not have entertained the application and granted the same. All these facts are not reflected in the impugned order. Another contention raised by the petitioner is that the last date for making the application in form No. 7 was on 30.6.1979 but the present application filed in the year 1999 was not maintainable and the Tribunal has no jurisdiction. Another reason as to why the impugned order cannot be sustained is that the statements of parties have not been recorded. The learned Government Pleader makes this submission on the basis of the records which are available with him indeed, the tribunal is also required to consider the application with reference to the last date in filing the same. It is not a cases where the applications are filed in Form No. 7 -A but in Form No. 7.