MONAPPA NAIKA, PUTTUR Vs. LAND TRIBUNAL, PUTTUR

JUDGEMENT

(1.) LAND Tribunal, Puttur by order dated 6.9.2004-annexure A, has rejected the claim of the petitioner on the ground that properties in question in various survey numbers of Survey Village of Puttur are mortgage properties and mortgage extended from 1969 for a period of eight years i.e. till 1977 and that the applicant failed to prove that he was in possession as on 1.3.1974.

(2.) HEARD the counsel representing the parties.

(3.) PER contra, counsel representing the 3rd respondent/landlord has relied upon the Division in the case of Shankar Kalyan Kulkarni & Ors Vs Basappa Sidramappa Kolar & Ors-969 (2) MLJ 77 to contend mortgagee in possession does not fall under the definition of 'deemed tenant ' and that petitioner cannot be treated as a 'deemed lawful tenant ' in view of the restricted covenant in the mortgage deed to the effect that mortgagee is to only enjoy the property by himself and that it has to be read as lease hold rights cannot be created nor transferred to anybody. In that view of the matter, petitioner cannot be treated as a deemed tenant by virtue of which he can claim occupancy rights stating as on 1.3.1974, he continued in possession as per the evidence.