PANDITHA MURTHYACHARYA Vs. LAND TRIBUNAL TUMKUR

JUDGEMENT

(1.) This is a owner's writ petition challenging the order passed by the Land Tribunal, Tumkur, granting occupancy rights in favour of the 2nd respondent in respect of Survey No.178/2 of Honnudikere village, Gulur Hobli, Tumkur Taluk. ,

(2.) The petitioner is the owner of the said survey number. The 2nd respondent applied for grant of occupancy rights on the ground that he has been cultivating the land as a tenant from the past several years and the land Tribunal granted occupancy rights in his favour.

(3.) The contention on behalf of the petitioner is that the finding of the Land Tribunal, Tumkur, that the 2nd respondent is the tenant of the land in question is based upon no material and relevant evidence. It is urged that the Land Tribunal is in error in basing its conclusion on certain letters written by the petitioner and his son to supply some produce like coconuts, plantains and plantain leaves. It is urged that there was no relationship of landlord and tenant between the petitioner and the 2nd Respt. There is no evidence on record to prove either the tenancy or payment of rent. It is also urged that the 2nd Respt being a family friend and a disciple of the petitioner was looking after the garden in question whenever the petitioner was away from the village and the 2nd Respt was being asked by the petitioner to supply the articles taken from his own garden. Strong reliance is placed upon the pahani records produced in the case. The 2nd Respt's Advocate contended that the letters produced by the 2nd Respt amply prove that he was paying 'Wara' (rent) and has been cultivating the land from the past several years. He urged that the pahanis do not deserve any consideration and they are not of presumptive value in the proceedings.