NAGAPPA DEVANNA Vs. VENKATARAMANA THIMMANNA

JUDGEMENT

(1.) This appeal arises out of the proceedings initiated under Chap.III of the Karnataka Land Reforms Act, 1961 (hereinafter called the Act), for grant of occupancy right in respect of two lands comprised in Blocks Nos.253 and 455 of Mogta village of Ankola taluk in the District of North Kanara.

(2.) The first respondent-Venkataramana Thimmanna Naik is a landholder in respect of Block No.253 measuring 15 guntas. He was also the tenant of the land comprised in Block No.455 measuring 17 guntas. The appellant-Nagappa Devvanna Naik alleging that he has been the tenant of both these lands under the first respondent immediately prior to 1-3-1974, prayed for grant of occupancy right under Sec.48A of the Act. The first respondent who was the main tenant of Block No.455, filed an application for grant of occupancy right in respect of the said land in his favour under Sec.48A. On both the applications, the Tribunal issued notice to the interested parties in Form No.9 and the matters were taken up tor hearing. The parties were examined and the Tribunal rejected the application of the appellant and granted the application of the first respondent. The ground stated by the Tribunal for rejection of the appellant's application is that in his statement before the Tribunal he has stated that he had no objection to grant of occupancy right in respect of Block Nos.253 and 455 in favour of the first respondent. This is what the Tribunal has stated in its order.

(3.) It is relevant to observe that when the first respondent-Venkataramana Thimmanna Naik is admittedly a land-lord, there is no question of grant of any occupancy right in his favour so far as Block No.253 is concerned. The question the Tribunal is called upon to adjudicate is whether the land comprised in Block No.253 was a tenanted land immediately prior to 1-3-1974.