RAMACHANDRA DATTATREYA DESAI Vs. LAND TRIBUNAL JAMKHANDI

JUDGEMENT

(1.) THE appellants have presented this appeal against the order of the learned Single Judge who dismissed their writ petition in which they had challenged the legality of the order of the Land Tribunal, Jamkhandi, by which occupancy rights in respect of certain lands had been granted in favour of respondent-2.

(2.) IN order to appreciate the contentions raised by the appellants in this appeal it is necessary to set out the facts of the case and in particular the previous orders passed by the authorities under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948. They are as follows : - The proceedings concern 12 acres and 4 guntas of land situate in Savalgi village, Jamkhandi taluk, Bijapur Dist. This land along with other lands had been given to one Rangubai belonging to the family of the appellants for maintenance by a maintenance Deed dated 25th September 1923. There was a specific direction in the Deed that the land was regranted to the family of the donors immediately after the death of Rangubai. After Rangubai was put in possession of the lands with a restricted estate she created a tenancy in favour of the predecessors of respondent-2 Rangubai died on 20th June 1958. Thereafter action was taken by the appellants for eviction of the father of the 2nd respondent by making an application under Section 84 of the Bombay Tenancy and Agricultural Lands Act. The ground for making the application was that on coming to end of life estate of Rangubsi on her death the right of tenancy created by her in favour of the father of 2nd respondent also came to an end and therefore after the death of Rangubai his continuance on the land was only as a trespasser, and therefore he was liable to be evicted from the lands. This application was made before the Assistant Commissioner. He granted the application. Against the said order the father of the 2nd respondent went in appeal before the then Mysore Revenue Appellate Tribunal in No- 153/61. That appeal was dismissed (Annexure-B). Aggrieved by the said order, the father of the 2nd respondent presented Writ Petition No. 159/62. The writ petition was rejected by an order dated 12-2- 1962 (Exhibit-C). The order however has remained unexecuted so far. Subsequently the father of the 2nd respondent made an application under Section 70(b) of the B.T. and A.L. Act, praying for a declaration that he was a tenant. The Tahsildar, Jamkhandi, by his order dated 19-5-1962 (Annexure-D) dismissed the application on the ground that after the death of Rangubai he became a trespasser. He was also of the view that in view of the order of the Revenue Appellate Tribunal referred to earlier he had no jurisdiction to give the declaration. The father of the 2nd respondent did not pursue the matter. However he continued to be in possession of the land and after his death, the 2nd respondent, his son was continuing in possession. Even as respondent-2 was continuing to cultivate the land the amended provisions of the Karnataka Land Reforms Act, came into force with effect from 1st March 1974. Thereafter the 2nd respondent mace an application in form 7 read with Section 48-A of the Karnataka Land Reforms Act, claiming occupancy rights in respect of the land in question. The application was granted by the Tribunal by its order dated 27-3-1976 (Exhibit-A), Aggrieved by the said order the appellant presented the writ petition. Before the learned single Judge the appellant urged the following contentions :-