SANKAWVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in W. P. No. 3810/2002 filed application for grant of occupancy rights in respect of R. S. No. 27/2 measuring 4 acres 20 guntas and Sy. No. 26/l (b) measuring 5 acres 2 guntas of chickayedathi village, Hirekerur Taluk, Haveri District. The tribunal granted occupancy rights in respect of land beaing sy. No. 26/l (b) measuring 5 acres 2 guntas and rejected the claim in respect of Sy. No. 27/2. The landlord and tenant both of them filed wirt petitions challenging the order, which is adverse to them.

(2.) THE tribunal in its order has taken into consideration the civil litigation between the parties. The landlord and tenant both of them filed suits against each other in respect of Sy. No. 27/2. The record discloses that the tenant was a registered tenant. The application is filed for restoration by the landlord.

(3.) IT is the contention that despite the order for restoration the tenant did not surrender. This fact was the subject matter of dispute in civil proceedings. The court on the basis of primafacie material produced by the parties held that the tenant was cultivating the land in sy. No. 27/2 and has not in fact surrendered the land to the landlord. This finding was recorded in the year 1972. The appeal was filed against the order. In view of the amendment to KLR Act in the year 1974, the Civil proceedings virtually became infractuous and the appeal was dismissed. The triubunal has taken all these facts into consideration in coming to the conclusion that the resumption proceeding ipso-facto supports the contention of the tenant. The material also does not suggest surrender of land by the tenant. The land was held to be in occupation of the tenant as on 1. 3. 1974.