RACHA NAIKA Vs. STATE OF KAMATAKA

JUDGEMENT

(1.) these two revision petitions arising out of two orders of the appellate authority reversing the common order passed by the land tribunal, as such these petitions are disposed of by a common order.

(2.) the brief facts of the case are that the 3rd respondent in both these revision petitions viz., crp nos. 3641/1989 and 3642/1989, is the owner of land in sy. Nos. 109,110/1 and 111/1 totally measuring 3 acres and odd and sy. No. 211 measuring 2 acres, 39 guntas of chandakavadi village and sy. No. 212 measuring 2 acres, 1 gunta and sy. No. 213 measuring 2 acres, 13 guntas, all situated in kodimole village of chamarajanagar taluk. The petitioner filed form No. 7 before the land tribunal, claiming occupancy rights as he was cultivating the lands having taken the lands on lease from the father of respondent No. 3 by paying annual rents and obtained such lease from time to time, the last of which was on 11-12-1960. On receipt of notice from the land tribunal, the respondent landlord filed a statement stating that the petitioner was not cultivating the land but he was given right to collect the fruits from the trees being given to the petitioner. The respondent-landlord at no time had given possession of the land to the petitioner except for the purpose of collecting the fruits on ?to rb&,rt basis. The land tribunal after an enquiry has held that the petitioner is a tenant of the land in question and accordingly granted occupancy right as agricultural tenant in favour of the petitioner.

(3.) this has been challenged by the third respondent in two appeals before the appellate authority. The appellate authority has in both the appeals formulated the following point for its consideration: "whether the land tribunal was right in granting occupancy right in favour of the 1st respondent in respect of sy. Nos. 109,110 and 111 of chandakavadi village and sy. Nos. 211, 212 and 213 of kodimole village, chamarajanagar taluk (in aacc 433/1987 and aacc 433/1987)?"