Puttaswamy, J. - (1.) Whether a living spouse can claim conferment of occupancy rights as a tenant of the other living spouse; to an agricultural 'land under the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) ('the Act') is the short and interesting question that arises for our determination in these cases. In order to appreciate the question it is first necessary to notice the facts as set out or as admitted by the appellants.
(2.) Lands bearing Sy. Nos. 79/2, 79/7 and 77/3 measuring 69 cents, 10 cents and 1 acre 17 cents respectively of Kariangala Village, Buntwal Taluk, are agricultural lands. "Smt. A. Jatajakshi D. Alwa, ppellant in Writ Appeal No. 1718 of 1980, a resident of Ammunje village BuntweI Taluk, Dakshina Kannada District, had married one A. Deva Alwa of the same village and was living with him till the latter died in the year 1979." "On or about 21-10-1975, the appellant made an application under Section 48-A(1) of the Act before the Land Tribunal, Buntwal ('LT, Buntwal') for conferment of occupancy rights over the said lands describing her husband as her land lord and that she was his tenant for 25 years. On 17-10-1978 the LT, Buntwal considered the maintainability of the said application and rejected the same as not maintainable under the Act (Exhibit-A). in Writ Petition No. 1086 of 1980, the appellant challenged the said order of that Tribunal before this Court under Articles 226 and 227 of the Constitution. On 11-3-1980, Kudoor, J. rejected the same (This decision Kudoor, J. has been reported in 1980(2) Kar. L. J. 60 - Editor. Aggrieved by the said order of Kudoor, J. the appellant has filed Writ Appeal No. 1718 of 1980 before us :"
(3.) Kalingaraj Urs of Amchawadi village, Aradhanahalli Hobii, Chamarajnagar Taluk, Mysore District, who is the appellant in W A. No. 173 of 1981 is the husband of Smt. Krishnarajammanni who is respondent-3. Land bearing Sy. No. 603/1 of Amchavadi village measuring 2 acres 4 guntas is an agricultural land. On 7-10-1974 the appellant made an application under Section 48-A (1) of the Act before the Land Tribunal Chamarajnagar Taluk (LT, Chamarajnagar) for conferment of occupancy rights over the said land describing respondent-3 as the land lord of the said land and that he was the tenant of his wife from 1972- 73 to 1974-75 (vide the certified copy produced in Writ Petition No. 96 of 1977). The appellant does not dispute that the said land was originally owned by one Nanjundaswamy who had mortgaged the same with possession to respondent-3 on 29-12-1971 and that on 17-4-1973 the said Nanjundaswamy sold the same to respondent-4 subject to the mortgage in favour of his wife. He also does not dispute that respondent-4 has redeemed that mortgage. "After a series of proceedings the detailed nanation of which is not very necessary the Tribunal overruling the objections of respondent-4 on 28-6-79 allowed the application made by the appellant and granted him occupancy rights over the said land. In Writ Petition No. 8860 of 1979, respondent-4 challenged the said order of the Tribunal before this Court under Articles 226 and 227 of the Constitution. On 1-1-1981 Bhimiah, J. (as His Lordship then was) has allowed the same and has quashed the order made by the Tribunal. Hence, this appeal by the appellant before us.";