A JALAJAKSHI D ALWA Vs. MEENAXI NAIK

JUDGEMENT

(1.) Whether a living spouse can claim conferment of occupancy rights as a tenant of the other living spouse; to an agricultural 'land under the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) ('the Act') is the short and interesting question that arises for our determination in these cases. In order to appreciate the question it is first necessary to notice the facts as set out or as admitted by the appellants.

(2.) Lands bearing Sy. Nos. 79/2, 79/7 and 77/3 measuring 69 cents, 10 cents and 1 acre 17 cents respectively of Kariangala Village, Buntwal Taluk, are agricultural lands.

(3.) Kalingaraj Urs of Amchawadi village, Aradhanahalli Hobii, Chamarajnagar Taluk, Mysore District, who is the appellant in W A. No. 173 of 1981 is the husband of Smt. Krishnarajammanni who is respondent-3. Land bearing Sy. No. 603/1 of Amchavadi village measuring 2 acres 4 guntas is an agricultural land. On 7-10-1974 the appellant made an application under Section 48-A (1) of the Act before the Land Tribunal Chamarajnagar Taluk (LT, Chamarajnagar) for conferment of occupancy rights over the said land describing respondent-3 as the land lord of the said land and that he was the tenant of his wife from 1972- 73 to 1974-75 (vide the certified copy produced in Writ Petition No. 96 of 1977). The appellant does not dispute that the said land was originally owned by one Nanjundaswamy who had mortgaged the same with possession to respondent-3 on 29-12-1971 and that on 17-4-1973 the said Nanjundaswamy sold the same to respondent-4 subject to the mortgage in favour of his wife. He also does not dispute that respondent-4 has redeemed that mortgage.