SEETHADEVI Vs. NARAYANA KAMATH

JUDGEMENT

(1.) In this appeal, the following important question of law arises for consideration : Whether an application seeking an amendment to an application made before a Land Tribunal under Section 48A of the Karnataka Land Reforms Act, 1961 ('the Act' in shoit) after the period fixed in the Section to make an application, which has the effect of claiming occupancy rights in respect of a land belonging to a landlord not included in the original application is maintainable ?

(2.) The facts of the case, in brief, are as follow : Section 48A of the Act provides that every person entitled to be registered as an occupant under Section 45 may make an application to the Land Tribunal in this behalf. The last date for making the application was originally fixed as 31-3-1974. The Section has been amended from time to time and, after the last amendment, the second part of the Section, which is relevant for decision in this case, reads :

(3.) Sri V. V. Upadhyaya, learned Counsel for the appellant contends that the Tribunal has no jurisdiction to consider the application, as per Annexure-C, filed by the petitioner-1st respondent claiming occupancy rights in respect of lands belonging to the appellant as the application was, admittedly, received by the Land Tribunal on 31-8-1979, i.e., after the expiry of the period fixed under Section 48A of the Act, and that the request made by the 1st respondent before the Tribunal to treat the said application as an application for amendment was also untenable and not maintainable as, in the guise of seeking an amendment he was trying to make a fresh application,