B G HANUMA REDDY Vs. LAND TRIBUNAL BANGALORE

JUDGEMENT

(1.) This is an appeal from the order of Bhimiah, J., dismissing W. P. No. 1441 of 1976. The appellant was the petitioner therein and, for the sake of convenience he will hereinafter be referred to as the petitioner.

(2.) The petitioner had made an application under S. 48A of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as the Act) before the Land Tribunal, Bangalore South Taluk, for being registered as occupant of certain lands which were formerly Service Inam lands i.e., lands granted by way of emolument to a holder of a heredtiary village office before tne abolition of such offices. The Tribunal dismissed his application on two grounds. The first ground was that he was already holding lands in excess of the ceiling limit under the, Act and the second ground was that he had not proved his tenancy by satisfactorv oral or documentary evidence.

(3.) The petitioner had impugned in the writ petition the ordet of the Tribunal rejecting his application. While dismissing the writ petition, the learned single judge held that as those lands were formerly Service Inam lands under S. 5 of the Mysore Village Offices Act, 1908, (hereinafter re. ferrcd to as the Village Offices Act), lease of Service Inam lands was prohibited and that hence the petitioner could not be regarded as a lawful tenant of those lands. The learned single Judge agreed with tho finding of the Tribunal that the petitioner was already in possession of la ids in excess of the ceiling limit and hence could not be registered as occupant of lands claimed in his application.