VENKATRAMAN GANAPAYYA HEGDE Vs. ASSISTANT COMMISSIONER SIRSI

JUDGEMENT

(1.) By an order dated 25-11-1981, the petitioner was recognised as a tenant and occupancy rights granted to him in respect of certain lands. In the year 1988 the Tahsildar determined the amount of premium payable by the petitioner at Rs.12,456.25. This order being challenged in appeal under Section 118 of the Land Reforms Act, was set aside by the Assistant Commissioner and the matter remitted for fresh determination by the Tahsildar. On 19-10-1989 the Tahsildar re-determined the amount of premium at Rs. 8,935.50 with interest thereon at 51/2% from the order granting occupancy rights. This order being challenged in appeal was confirmed by the Assistant Commissioner on 27-12-1989. In this petition, the petitioner has restricted his challenge to the award of interest on the premium which according to him is illegal and without authority of law.

(2.) The only provision pertaining to payment of premium bythe tenant is Section 53 of the Act, the relevant portion of which reads as under: Section 53. Payment of Premium by Tenant:(1) The amount of premium in respect of the land of which a tenant or sub-tenant entitled to be registered as occupant under Section 45 shall be payable to the State Government by the tenant or sub-tenant,

(3.) The contention of Sri Hegde in short is that since the petitioner did not seek payment of the amount of premium by instalments as provided under clause (b) of Section 53(l)(ii), the question of payment of interest thereon does not arise.