- (1.)Petitioner Anandappa made an application under Sec.48-A of the Karnataka Land Reforms Act, 1961 on 27-8-1974 for grant of occupancy right in respect of 4 Acres and 8 Guntas of land in Survey No.83/1 of Kutrahalli village in Shikaripura Taluk. In the said application he has stated that he has been cultivating the land since 4 years. After receipt of the application the Tribunal issued notice to the Land-holder. The application was disposed of by the Tribunal without adjudicating on the question whether the land in question was a tenanted land immediately prior to 1-3-1974. The impugned order reads thus : "Parties agreed that it is a mortgage deed. Hence application rejected. Announced to the parties on 20th December 1975."
(2.)When a person alleging that he is a tenant makes an application under S.48-A of the Act for grant of registration of occupancy and the Tribunal, after preliminary investigation made by the Revenue Authorities, issues notices to the land-holder as also the tenant, it has to record a finding as to whether or not the land in question was a tenanted land immediately prior to 1-3-1974. Under S.44 of the Act all tenanted lands as on 1-3-1974 vest in the state Government. It is in respect of such a land alone that a person who was cultivating the said land is entitled to grant of registration of occupancy and none other. Mere agreement of the alleged tenant and the land-holder that the document under which the land is held is a mortgage deed is not sufficient. The Tribunal has to decide the question whether the land was a tenanted land immediately prior to 1-3-1974 and as such vested in the State Government. The impugned order of the Tribunal, therefore, cannot be sustained.
(3.)Accordingly, this Writ Petition is allowed the impugned order of the Tribunal dated 20-12-1975 is quashed and the matter is remitted to the Land Tribunal for adjudication afresh. Rule made absolute. Parties to bear their own costs.