ABDUL KHADAR Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioner is a declarant, having filed his declaration under Section 66 of the Karnataka Land Reforms Act he hold 140 acres and 37 guntas of lands in villages Dandothi and Mallkhad, Chittapur Taluk, Gulbarga District. His family, as per his declaration, consists of himself, his wife, two major sons and four unmarried daughters. The lands are 'D' class lands and the petitioner states that "the lands declared by him are the joint family lands, which arc shared by himself, his wife, two major sons and four unmarried daughters". The Land Tribunal has held that the, petitioner is entitled to hold only 108 acres and hence there is a surplus of 32 acres and 37 guntas 'the Tribunal has considered one son as major. The ceiling limit for an individual or family being 10 units i.e. , 54 acres, it is calculated for two families. Declarant, his wife, one minor son and 4 unmarried daughters, constituting one family and a major son as second family. Thus, calculating, it is held that the declarant is entitled to retain 108 acres i.e., 54 x 2.

(2.) It is contended by Sri Apparao that Basbeeruddin, the second son of the declarant was also a major, he having been born on 1-6-1952. It is contended that since the impugned order is passed on 21-5-1984, on the date of determination, his age would be 32 years; reliance, for this proposition, is placed on Nagappa Channappa V. State of Karnataka.1979(1) KLJ 420 According to the learned Counsel, this major son also would be entitled to 54 acres, as such, there would be no surplus at all. This so even on 1-3-1974; by which date, Basheeruddin had completed 19 years. Secondly, it was contended that even if, he is treated as minor, the declarant's family would consist of 7 members i.e., himself, his wife, 4 unmarried daughters and one minor son. In which event, he would be entitled to four additional Units, as per the proviso to sub-Section(2) of Section 63, which means he will be entitled to 20 acres and 16 guntas, in addition to 54 acres.

(3.) Petitioner's Counsel has produced a Certificate issued by Head Master, Government Higher Primary School, D and it does not bear any date. It is captioned as "JANMA DAKHILE CERTIFICATE" ..(VERNACULAR MATTER OMMITED) .. it lacks in several particulars. To connect it with Declarant's son's age, some mere evidence would be necessary. The certificate has to be proved, with reference to "original registers. Admittedly, it was not produced before the Tribunal. So, it had no opportunity to consider it; without further proof, it is unsafe to act on it.