SHIVAPPA URF KARIYAPPA Vs. GANGAWWA

JUDGEMENT

(1.) THE land tribunal, dharwad, by the impugned order directed the husband of the first respondent to be registered as an occupant in respect of 10 acres, 27 guntas of land in block No. 1. Situated in veerapura village, dharwar taluk, relying on the entries in the revenue records for the periods 1972-73 and on one sentence made by the petitioner during the course of his evidence.

(2.) THE husband of the first respondent filed form No. 7 as per Annexure-A to register him as an occupant against various persons in respect of different survey numbers including the land in question. Even in his statement made before the land tribunal he did not depose that he is cultivating the land as a tenant nor has he mentioned anything about the right. However, he has stated that from 1966-67 he has been cultivating the land on 'rythawari' basis. The petitioner during the course of his examination before the land tribunal disputed the tenancy of the husband of the first respondent. He has further stated that he is cultivating the land in question. However, he has also stated that the land in question may be given to him.

(3.) THE husband of the first respondent in support of his case produced the r. t. c. extracts, commencing from 1966-67 to 1972-73. He did not produce any other documents. The petitioner, on the other hand, produced receipts for having paid assessments commencing from 1945 except for the period of 1966-67 to 1972-73 up to the date of production, the receipts for having purchased the cotton seeds and the voucher for having supplied the cotton grown in the land to the cotton market. He has also produced a sworn statement made by the husband of the first respondent before the tahasildar during the course of enquiry in respect of his declaration filed in form No. 11 under Section 66 of the act. In the statement he has stated that he gave up cultivation of the land in question about ten years back.