CHIKKABOREGOWDA Vs. NANJE GOWDA

JUDGEMENT

(1.) This Revision Petition under Section 121-A of the Karnataka Land Reforms Act is directed against the order dated 9-10-1987 of the Appellate Authority, Mandya, constituted under the Karnataka Land Reforms Act (hereinafter referred to as the Act).

(2.) Respondent Nanjegowda was the appellant before the Appellate Authority. Originally, he was the applicant under Section 48 of the Act seeking occupancy rights in respect of the garden land bearing S. No. 382, in Kirangur village, Mandya District. Before the Land Tribunal, he claimed that he had been cultivating the land for more than 15 years prior to the application and was a tenant under one Puttaswamy gowda (since deceased) and that he was living on the land and there were about 29 coconut trees and he planted 11 more trees after he had become the tenant. He also stated before the Land Tribunal that he was paying 600 coconuts as rent, and that he was obtaining proper receipts for payment of rent in the form of coconuts from late Puttaswamy gowda and that his hut accidentally caught fire and was burnt out. Therefore, he was not able to produce the receipts in support of his cultivation of the land.

(3.) The landlord Puttaswamygowda, who was then alive placed reliance upon the entries in the record of rights, crop and tenancy register which showed that he was in occupation and cultivation of the land in question for the years 1960- 1961, 1967-68 and 1968-69 to 1975-76. He also gave a statement before the Tribunal that he was personally cultivating the land and that at no time was the applicant-first respondent inducted into the land as a tenant.