YERIBASAVANA GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two revision petitions under Section 121-A of the Karnataka Land Reforms Act, 1961 are directed against the order passed by the District Land Reforms Appellate Authority, Bellary, dated 31-8-1989, setting aside the order passed by the Land Tribunal, Bellary, dated 11-9-1986 and holding that the landlord has failed to prove that he was getting the land in question cultivated through hired labourers and that the tenant has also failed to prove that he was cultivating the land as such on 1-3-1974 and further holding that the land is vested with the government. Both the tenant and the landlord are aggrieved by the order passed by the District land Reforms Appellate Authority. The tenant is aggrieved by the order passed by the Land reforms Appellate Authority, as it has set aside the order passed in favour of the tenant conferring occupancy right and has held that the land vests with the Government and the legal representatives of the landlord, are aggrieved by the order of the Appellate Authority, wherein the Appellate Authority has held that the said land was tenanted on 1-3-1974 though the tenant has failed to prove that he was cultivating the land as on 1-3-1974 and therefore, the land has vested with the State Government for distribution of the same among the landless persons. The essential facts of the case leading upto these revision petitions are as follows.-

(2.) SRI Dodda Veerabhadragowda, the husband of petitioner 3 and the father of the petitioners 1 and 2 in L. R. R. P. No. 6146 of 1989 filed Form 7 before the Land Tribunal, Bellary, seeking conferment of occupancy right under Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter called as the 'act') in respect of the land comprised in Sy. No. 19-E/2 measuring 8. 74 acres situate at Paramadevanahalli. The Land Tribunal by order dated 24-10-1983, conferred occupancy right in favour of the said applicant-tenant. Being aggrieved by the same, w. P. No. 21330 of 1983 was filed by the Sri Sanjeeva Reddy-landlord. The matter was remitted by this Court to the Land Tribunal after setting aside the order dated 24-10-1983 passed by the land Tribunal. After remand, the Land Tribunal again conferred occupancy right in favour of the legal heir of Sri Dodda Veerabhadragouda-Errabasavanagouda by order dated 11-9-1986. Being aggrieved by the said order passed by the Land Tribunal, R. A. No. 5 of 1987 was filed by the landlord before the District Land Reforms Appellate Authority, Bellary. The Appellate Authority by its order dated 31-8-1989, set aside the order passed by the Land Tribunal holding that the tenant has failed to prove that he was the tenant of the land as on 1-3-1974. The Appellate authority has further held that the landlord has failed to prove that he was personally cultivating the land and the land was tenanted and wherefore, the land would vest with the Government for distribution to landless persons. Being aggrieved by the said order of the Appellate Authority, the legal representatives of the landlord and tenant have preferred these revision petitions.

(3.) I have heard the learned Counsels appearing for the parties.