KASI ALIAS KASINATH JENA Vs. PITABAS SAHU

JUDGEMENT

(1.) Revisional order under Section 53 of the Orissa Land Reforms Act, 1960 (in short, the 'Act') passed by the Addl. District Magistrate (L. R ), Puri dated 27 -12 -1989 in O.L R. Revision Mo. 64 of 1986 is subject matter of challenge.

(2.) BACKGROUND facts giving rise to dispute are as follows : Kasi alias Kasinath Jena, petitioner No. 1 filed an application before the Revenue Officer, Pipil under Section 15 (1) (d) of the Act, claiming tenancy over A0.37 decimals of land in plot No. 575, khata No. 58 of mouza Dakhinasahi, Revenue Officer accepted claim of tenancy, and his conclusions were upheld in appeal by Officer on Special Duty (L.R.) Puri. It is relevant to mention hare that petitioner No. 1's stand was that Jaya Krishna Sahu, father of opp. parties 1 and 2 was landlord, so far he is concerned, and subsequently sale of the lands to Agadhu Jena and others (opp. parties 3 to 6) would not affect his bhag tenancy. Petitioners 2 and 3 are sons of Kasinath. In revision filed by opp. parties 3 to 6 before the Addl. District Magistrate (L.R.), Puri, main ground of attack to correctness of orders passed by original and appellate authorities was that land was recorded under classification 'Polang Bagayat -II', and therefore, does not come within ambit of Section 15 of the Act. Evidence reported was referred to by revision petitioners before the additional District Magistrate to show that lands were ' not cultivated, but were barren bagayat lands. Revisional authority did not accept the plea of revision petitioners that only growing of paddy could bring bhag tenancy and not any other crops. It held that a particular land may be suitable for growing pulses. What was determinative factor, according to him, was that the person claimed to be tenant must cultivate land of another, and cultivation is interlinked with raising of crops. With reference to the field enquiry report of the Revenue Officer, and the fact that before several authorities undertaking settlement and consolidation actions, there was never any claim that lands are agricultural lands or cultivable lands, prayer for revision was accepted, and it was held that present petitioners were not bhag tenants.

(3.) A bare reading of Sections 14 and 15 of the Act shows that relevant factor for deciding question of tenancy is cultivation of land, payment of rent and recovery of rent. 'Agriculture' is defined in Section 2(1) of the Act which reads as follows : '2. Definitions. In this Act, unless there is anything repugnant in the subject or context - (1) 'agriculture' includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of lives -tock and use of land as pasture or for forest or for any other purpose where such use is ancillary to agriculture;' Land as defined in Section 2 (14) means land of different classes used or capable of being used for agricultural purposes and includes homestead. Section 2 (12) defines 'homestead' to mean any land, whether or not recorded as such, ordinarily used as house -site, ancillary or incidental to agriculture. Raiyat and tenants are defined in various provisions of Chapter II. Section 4 deals with raiyats and Section 14 deals with grounds of eviction of a tenant and Section 15 relating to recovery of rent and dispute between the landlord and tenant. . A tenant is defined in Section 2 (31) which reads as follows : '2. Definitions : In this Act, unless there is anything repugnant in the subject or context - xx xx xx(31) 'tenant' means a person who has no rights in the land of another but under the system generally known as Bhag, Sanja or Kata or such similar expression as under any other System, law, contract, custom or usage personally cultivates such land on payment of rent in cash or in kind or in both or on condition of delivery to that person - (a) either a share of the produce of such land; or (b) the estimated value of a portion of the crop raised on the land; or (c) a fixed quantity of produce irrespective of the yield from the land; or (d) produce or its estimated value partly In any of the ways described above and partly in another.' In order to become a tenant, a person who has no rights in the land of another but under the system generally known as Bhag, Sanja or Kata or such similar expression as under any other system, law, contract, custom or usage personally cultivates such land on payment of rent in cash or in kind or in both or on condition of delivery to that person. Therefore, in order to become a tenant, one must cultivate land of another though having no rights in the land, under any of the several systems known as Bhag, Sanja or Kata etc. Revisional authority referred to the field enquiry report and found that lands were never put to cultivation. The expression 'cultivate'' with its grammatical variations and cognate expressions, means to carry on any agricultural operations. 'Agriculture' in composed of 'ager' meaning field and 'culture' meaning cultivation i. e., cultivation of the field for purposes of effectively raising produce from the land. It denotes the integrated activity of a person beginning with tilling of the land, sowing of the seed, weeding, tending, harvesting and rendering the produce fit for the market. The strict meaning of agriculture according to its derivation, means the cultivation of a field. Classification of lands in question in the settlement and consolidation records was considered significant. The fact that land was lying fallow even during rainy season was considered vital.