D M RAMACHANDRA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Land Reforms Revision Petition is filed against the order of the Appellate Authority, Mandya District, Mandya, dated 20-1-1990 passed in Appeal No. 61 of 1988 dismissing the appeal and confirming the order of the Land Tribunal, Mandya, dated 6-1-1988 in LRF INA 64 of 1983-84.

(2.) THE petitioner filed Form No. 7 for grant of occupancy rights in respect of Survey No. 850 measuring 1 acre 2 guntas and Survey No. 839 measuring 25' x 25'. The appellant 2 claimed the tenancy under this petitioner. The Land Tribunal, mandya, after holding an enquiry rejected the prayer of the petitioner and another. Being aggrieved by the order of the Land tribunal, an appeal was preferred before the Appellate authority. The Appellate Authority also dismissed the appeal. Now the petitioner who was appellant 1 has filed this petition for not granting the occupancy rights in respect of Survey No. 850 measuring 1 acre 2 guntas.

(3.) AT the very outset it should be made clear that it is a non-agricultural land. Mr. P. S. Manjunath, learned Counsel for the petitioner has no second thought over it. According to him section 6 of the Karnataka (Religious and Charitable) Inams abolition Act, 1955 (hereinafter called as the 'act') has to be made applicable. When the petitioner has applied for grant of the occupancy rights, the Land Tribunal ought to have granted occupancy rights although it is a non-agricultural land in view of section 6 of the Act. On the other hand Mr. R. K. Hatti, learned government Pleader strenuously submitted that there is concurrent finding and as such, the impugned order does not require interference. He also vehemently contended that since it is a non-agricultural land, the Land Tribunal has no jurisdiction to grant occupancy rights. In view of these contentions, now it is to be seen whether the land Tribunal can grant the occupancy right in case of non-agricultural lands, when the application is made for grant of occupancy right of the lands coming under the Act. Section 6 of the Karnataka (Religious and Charitable) Inams abolition Act, 1955, reads as follows : 6. Other tenants to be tenants under Government. Every tenant of the inamdar other than a kadim tenant or a permanent tenant with effect on and from the date of vesting and subject to the provision of Chapter IV, be entitled to be continued as tenant under the Government in respect of the land in which he was a tenant under the inamdar immediately before the date of vesting. According to Mr. Manjunath, learned Counsel for the petitioner, the land is not defined under this Act. As such, for the definition of the land, the Land Revenue Code has to be looked into. According to this Code, in Section 3 (3) the land is defined as follows : "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages, or other defined portions of territory ;