RAMAPPA KADAPPA KONNUR Vs. SANGAPPA PARAPPA KAVALLI

JUDGEMENT

(1.) W.A. No. 1269/1981 is by the owner Ramappa against the order in W.P. No. 4269/1977. Respondent, Sangappa's Writ Petition was allowed by a common order made in W.P. Nos. 4268 and 4269 of 3977. W.P. No. 4268/77 was the Writ Petition of another claimant to the status of tenant in respect of another land belonging to the appellant.

(2.) In the year 1942, father of the appellant died. Lands are situated in the erstwhile Jamkhandi State, which was a princely State in 1942. In 1943, Court of Wards of Jamkhandi State took the management of the estate left by the father of the appellant, since appellant was a minor at that time. The Court of Wards leased the lands for cultivation. On 8-3-1948 Jamkhandi State merged with the erstwhile Bombay State and with effect from 1-8-1948, Bombay Tenancy and Agricultural Lands Act, 1939 was made applicable to the areas of the merged State. The Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred as 'the Bombay Tenancy Act)' came into force in the area on 25-12-1948. This Act as amended upto 31-10-1956 was in force in the Bombay area of the present Karnataka State till 2-10-1965, when Karnataka Land Reforms Act, 1961 (Act 10 of 1962) (hereinafter referred to as the 'Land Reforms Act') came into force, subject to certain other Acts like Mysore Act 13/1957.

(3.) The management of the lands continued after merger with the Bombay State, under the provisions of the Bombay Court of Wards Act, 1905, and for all purposes of this appeal (as also in the connected appeals) Court of Wards is referred as under the said Bombay Act (for convenience referred hereinafter as 'Court of Wards Act').