MALLAPPA CHANNAPPA DHARMOJI Vs. LAND TRIBUNAL BELGAUM

JUDGEMENT

(1.) PETITIONERS were all registered as occupants by the Land Tribunal in respect of certain lands bearing survey numbers 63/4, 10, 14, 18, 21, 28 and 22 of Sambra village in Belgaum Taluk on the alleged admission of their tenancy by one Babu Rao Jadhav. The other members of the family of the said landlord claimed that those lands were the joint family properties and that Babu Rao Jadhav had in collusion with the tenants filed an affidavit admitting their tenancy which was not true. On that plea the appellate authority, constituted under the Karnataka Land Reforms Act, which came to be seized of the matter on account of transfer of the writ petition pending in this Court, permitted both the sides to lead additional evidence and on perusing that evidence came to the conclusion that the position of the applicants, who were the writ petitioners in this Court, was that of purchasers under the agreement of sale and they were not tenants and therefore their applications have come to be rejected. While the agreement of sale proved possession of the applicants, it certainly could not establish their rights of tenancy. No evidence whatsoever was led in regard to the creation of tenancy on or prior to the date of agreement of sale. Learned counsel in the course of arguments in this Court submitted that he has since obtained evidence in regard to the tenancy of the petitioners. If he has obtained it is open to him to move the appellate authority in accordance with law, if so advised. This Court while exercising jurisdiction u/s 121-A of the Karnataka Land Reforms Act cannot receive such evidence and decide the case de novo. Therefore, this revision is misconceived and it is rejected without prejudice to any remedy the petitioners may have in law.