GOPAL RAO Vs. LAND REFORMS TRIBUNAL BASAVAKALYAN

JUDGEMENT

(1.) This petition is one under Art. 226 of the Constitution directed against the order Ext. D dated 22-9-1975 passed by the 1st respondent-land tribunal, Basavakalyan whereunder the tribunal rejected the claim of the petitioner Gopal Rao for registering him as an occupant in respect of the lands comprised in S. Nos. 55, measuring 13 acres 9 guntas, No. 54 measuring 7 acres and No. 45 measuring 3 acres 17 guntas of Betbalkunda village of Basavakalyan Taluk, of which the 2nd respondent Baliram is the owner. -

(2.) Few facts relevant for the disposal of this Writ petition may be stated as under ; The petitioner Gopal Rao and the 2nd respondent Baliram were full brothers. Baliram was taken in adoption to the family of one Amrit Rao by his wife Smt. Bhagubai. Baliram owned vast extent of agricultural lands including the lands in question. As he could not cultivate the lands personally, he leased out the lands in question to the petitioner about 40 years ago. The petitioner has been cultivating the said lands as a tenant under Baliram. Consequent to the implementation of the Karnataka Land Reforms Act. 1961 (shortly called the Act) the petitioner submitted an application to the 1st respondent tribunal in form No. 7 as per Ext. B to register him as an occupant in respect of the lands in question. Baliram did not contest the application. The tribunal rejected the claim of the petitioner on the ground that Baliram and the petitioner are the co-parcenary brothers of a joint Hindu family and as such there exists no relationship of landlord and tenant between them. The petitioner has filed this writ petition requesting to quash the impugned order.

(3.) Both the respondents were served they are not represented in these proceedings.