HUSSAIN BI Vs. LAND TRIBUNAL, BY ITS CHAIRMAN

JUDGEMENT

(1.) The order of the Land Tribunal Annexure-D, dated 22-10-1998 is called in question in this writ petition. By the said order, the application filed by the petitioner for grant of occupancy rights in Form 7 is rejected. The case of the petitioner is that Mr. Rajesa was the protected tenant of the land bearing C.S. No. 1638/3/4 measuring 11 acres 16 guntas of Basavana Bagewadi in Bijapur District. The father of respondents 3 and 4 viz., Jevoorsa Makanandar is the owner of the property. The said Rajesa cultivated the property from 1950 onwards till his death. After the demise of Rajesa, petitioner's husband Aminsa continued the tenancy. Aminsa is the son of Rajesa. After the death of Aminsa, the petitioner being the wife of Aminsa is stated to be cultivating the property as a tenant.

(2.) This case has got a chequered career. This is the 5th round of litigation. On the last occasion, the matter reached the Division Bench of this Court in Writ Appeal No. 6992 of 1999, which came to be disposed of on 17-2-2000 by setting aside the order of remand made by the learned Single Judge, with an observation that the learned Single Judge shall decide the matter on merits instead of remanding the matter to the Tribunal. The Division Bench having felt that the detailed order is passed by the Tribunal and all records to be considered are available, has observed that the Single Judge shall decide the writ petition on merits.

(3.) I have perused the records produced by the Government Advocate meticulously. The Agava Lavani Patra (Deed of Advance) was executed by Rajesa Challigidad in favour of the landlord on 28-5-1956. The lease deed is on record at page 155 of the Land Tribunal Records. The said lease deed clearly reveals that the property bearing C.S. No. 1638/3/4 measuring 11 acres 16 guntas situated at Basavana Bagewadi is taken on lease by paying the advance lease amount by Rajesa from the landowner for a period of six years. The terms and conditions of the lease are also mentioned. Pursuant to such lease deed, the name of Rajesa came to be entered in the Revenue records in the year 1956. The mode of cultivation is mentioned as No. 3 i.e., tenancy. The name of Rajesa (i.e., the tenant) continued in the Revenue records till the year 1967-1968. From the year 1968-1969, the name of Rajesa is deleted and the word 'self is entered in the Revenue Records. While entering so, there is no mention as to why change is made in the Revenue records. No mutation is made. Be that as it may, the name of Rajesa continued in the revenue records upto the year 1967-1968. The tax paid receipts evidencing that the taxes are paid by Rajesa are also on record. The deed of surrender of tenancy on stamp paper of Rs. 3/- dated 31-8-1974 executed by the petitioner's husband viz., Aminsa, S/o. Rajesa is found at page 77 of the Land Tribunal Records. The said deed states that Rajesa i.e., father of Aminsa was the ordinary tenant of the property in question till about 5 to 6 years prior to 31-8-1974. Thereafter Aminsa, S/o. Rajesa continued to cultivate the property as ordinary tenant. By virtue of the surrender deed dated 31-8-1974, Aminsa stated to have surrendered his tenancy in favour of the owner. It is clearly stated in the said deed that Aminsa is the ordinary tenant of the property in question till that day and he is in cultivation of the property till 31-8-1974.