PUPPEGOWDA Vs. GOWRAMMA

JUDGEMENT

(1.) These two writ petitions arise out of an order passed by the Land Tribunal, Belur. They are heard together and disposed of by a common order.

(2.) WP.3926 of 1976 is by the tenant and WP.4095 of 1976 is by the land owner In these two writ petitions the petitioners have challenged the order of the Land Tribunal, Belur. rejecting the claim of the tenant to grant occupancy rights and for taking action as contemplated under sub- sec (2) of S.44 of the Karnataka Land Reforms Act, 1961 (to be hereinafter called the Act). The tenant filed an application for grant of occupancy rights in respect of Sy.No.16 measuring 2 acres and 30 guntas Mattigatta village in Belur Taluk. The land owner resisted the claim on the ground that the land was not tenanted and that he has been cultivating the land from 1956 as owner. The contention of the learned Advocate for the tenant is that* the land Was given on a gutta karar for five years from 30-1-1950 to 29-1-1955 and after the expiry of the lease period he continued to cultivate the land. The case of the owner is that after the expiry of the period of lease the tenant surrendered the land and that he has been cultivating the land from the year 1956.

(3.) The Tribunal upon consideration of the evidence produced by the tenant and also in view of the entries in pahanis from the year 1964 to 1975 found that the tenant was not cultivating the land on the date of vesting viz, on 1-3-1974, and in that view of the matter reiected the claim of the tenant for grant of occupancy rights. Further the Tribunal upon consideration of the gutta chit found that it was a tenanted land and, therefore, the land vested in the Govt on the date of vesting and action was called for as contemplated under sub-sec(2) of S.44 of the Act.