SANNINGAPPA JAMALAPPA Vs. GOPALANAIK GURAPPA

JUDGEMENT

(1.) The question raised in this petition turns on the scope of Ss.35 to 38 of the Mysore Land Reforms Act, 1961 ("The Act') . Sanningappa-the tenant is the petitioner before me. He is an artisan in occupation of a dwelling house built on a site belonging to the respondents. The site is situate at Nalageri village of Ranebennur Taluk. He has been there for the past several years. He had executed a rent note dt. 1-5-1953 with a stipulation that he would pay yearly rent of Rs.30 and that he would construct a house at a cast of Rs.500 which would be adjusted towards the rent payable bv him and thereafter to leave -the site and vacate the house unconditionally.

(2.) The tenant, with a view to purchase the site, filed an application under S.37(2) of the Act, praying for the fixation of price to the site by the Land Tribunal. The respondent opposed the application mainly contending that the dwelling house was built at their cost in lieu of rent payable by the tenant and that therefore he has no right to purchase the site. The Land Tribunal upheld their contention and held that the tenant has no right to purchase. This decision was affirmed by the First Addl. District Judge, Dharwar, in the appeal preferred by the tenant. He now challenges the said decision in this revision petition.

(3.) The concurrent finding of both the authorities below that the house was not built at the expense of the tenant or his predecessor-in-title is based on the appreciation of evidence on record and I have no reason to disturb it. It must be held to be binding upon me. Then the question which immediately arises is whether, in such a case, the tenant has a right to purchase the site from his unwilling landlord. Ss.35 to 38 of the Act are relevant for the decision on the question. Section 35, so far as it is relevant, provides :