AKKAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a landlord's revision under Section 121A of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as the Act) against the concurrent findings of the Land Tribunal, Belgaum, as well as the Appellate Authority constituted under the Act for Bel- gaum District.

(2.) The respondents made an application in form No. 7 seeking occupancy rights in respect of S.Nos. 49/37 and 49/34 in a total extent of 1-12 guntas in Alatage village, Belgaum Taluk, Belgaum District. The Land Tribunal relying upon the pahani extracts rejected the contention of the landlord that the lands in question were under cultivation of the tenants only in their capacity as mortgagees in possession for a period of 4 or 5 years and they discharged the mortgage amount as far back as in the year 1960 and took back possession and since then the lands had been cultivated by the owners. That evidence was not believed as there was no change in the record of rights in regard to cultivation after 1960. The names of the tenants-applicants continued to be there till 1974-75 and 1975-76.

(3.) On appeal, the Appellate Authority also took the same view disregarding the oral evidence particularly in view of the discrepancy between the witnesses for the landlords. Their story of the mortgage deed was not believed as no mortgage deed was ever produced. The only evidence they produced was a receipt for having paid Rs. 300/- towards discharge of a loan which did not evidence either the creation of mortgage or the taking back possession of the land under the cultivation of the tenants.