SHIDDAPPA KARIYAPPA Vs. LAND TRIRANEBENNUR

JUDGEMENT

(1.) This appeal, directed against the order of Bhimiah, J., made in WP No.7623 of 1976, arises out of the applications of the appellants for grant of occupancy right in respect of a part of the land comprised in R.S. No.303/Bl of Ranebennur. Respondents 2 to 4 were the owners of the said land. The Land Tribunal, Ranebennur rejected the applications of the appellants, who are brothers and aggrieved by the said order, the appellants approached this Count for relief under Arts.226 and 227 of the Constitution of India in WPNo.7623 of 1976, which came up for preliminary hearing before Bhimiah, J. The learned Single Judge rejected the Writ Petition at that stage itself. This appeal is directed against the said order.

(2.) We heard the learned Counsel on both sides. The ground urged by Sri V.S.Gunjal, learned Counsel for the appellants is that the order of the Tribunal, is not a speaking order and that the Tribunal has not given reasons for the conclusion it has reached, viz, that the land in question does not come within the definition of the word 'land' as defined in Sec.2(A) (18) of the Karnataka Land Reforms Act, 1961, hereinafter referred to as the Act. Sri M.Rama Bhat, learned Counsel for the contesting respondents, contended that the Tribunal has rejected the applications of the appellants on two grounds and not on one ground. According to the learned Counsel, the first ground on which the applications have been rejected is that the appellants were not cultivating the land personally as is the requirement under Sec.45 of the Act.

(3.) We have persued the order of the Tribunal. The Tribunal has given the summary of the respective contentions of the parties. The contentions of the land-holders was that the land in question is not 'land' coming within the purview of the Act, as it is not used for agricultural purposes, but on the contrary, it was a house site. They denied the alleged tenancy claimed by the appellants. The appellants alleged that the land in question is agricultural land and that they were cultivating it for the past several years.