VENKATAPPA NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a tenant's writ petition challenging the order passed by the Land Tribunal, rejecting his application filed in form No. 7 for grant of occupancy rights in respect of the 1961 (10 of 1962), Ss. 4(b) & 39(2) land comprised in Sy. No. 80/1 of Mugalkhed village in Mudhol taluk.

(2.) The petitioner applied for grant of occupancy rights in respect of the aforesaid land. The Land Tribunal, as required by law, got the notices served on the interested parties and held enquiry, examined the parties. Upon consideration of the evidence, the Land Tribunal was of the view that the petitioner did not cultivate the land as a tenant and in that view of the matter rejected his application filed in form No. 7 for grant of occupancy rights.

(3.) The facts of the case as disclosed from the records are that the petitioner cultivated the land on the basis of a 'Badige Kararu' (agreement of hired labour) during the year 1965-66, 1966-67 and 1967-68. He entered into an agreement to purchase the land for a consideration of Rs. 10,000 in the year 1968-69 and had paid an advance of Rs. 2,000 to the 3rd respondent. His name came to be entered in the record of rights and pahanis right from the year 1968-69 as tenant till 1976-77. The land in question is in the ownership of the 3rd respondent. He resides in Gandhi Chowk at Dharwar, a place separated by a distance of 120 miles from where the land is situated.