- (1.) Leave granted.
(2.) The above appeals have been filed against the common Order dated 21-9-2000 of a learned Single Judge of the Karnataka High Court made in L.R.R.P. No. 3817 of 1990 (filed by the appellant herein before the High Court) and L.R.R.P. No. 4033 of 1990 (filed by the first respondent herein), whereunder the learned single Judge, while affirming that portion of the order passed by the Appellate Authority granting partial relief to the 1st respondent to which the challenge was made by the appellant, also allowed the claim made by the first respondent herein challenging the order of the Land Reforms Appellate Authority wherein that Authority granted relief in favour of the appellant, for the remaining extent covered by the lease under consideration.
(3.) The salient and relevant factual details necessary for appreciating the contentions of the parties in these appeals are as hereunder :- The lands in question comprised in Survey No. 70/1 (2 acres 02 cents); Survey No. 70/2 (0-72 cents); Survey No. 70/8 (1 acre 70 cents); Survey No. 70/9 (22 cents); Survey No. 70/10 (19 cents) and Survey No. 70/11 (04 cents) situated in Bolur Village within the Mangalore Municipal Limits, Dakshina Kannada, indisputably belonged to the first respondent and that she leased out the said lands in favour of one P.T. Shankaran Nair for a period of ten years under a Registered Lease Deed dated 4-3-1958 for the purpose of running a Saw Mill under the name and style of "Mysore Saw Mill". Subsequently, the appellant appears to have purchased the said Saw Mill as a running concern under a Deed of Transfer dated 16-11-1968 and entered into the possession of the leased out lands as well. Since the appellant wanted to enter into direct relationship and obtain rent receipts also in his favour, the first respondent appears to have executed a fresh Registered Lease Deed dated 12-9-1969 in favour of the appellant in which it appears a specific reference is made to the Deed of Transfer dated 16-11-1968 for a period of ten years from 1-9-1969 to 31-8-1979. In the said Lease Deed, it has been specifically stated that the purpose of the lease of land in dispute was for running a Saw Mill in the name and style of "Gokulam Industries and Saw Mills" and secured undisputed possession of the above property with liberty to carry on any other Industry or business as may deem fit within the period of lease. Apart from conspicuous omission or any mention to permit cultivation of any portion of the land in dispute by the lessee, one of the Clauses stipulated that the lessees are liable to keep the Coconut Trees in the leasehold property in proper condition and use only the usufructs of the trees with permission to remove only such of the Coconut Trees, which obstruct the interests of their Industry. The rent fixed also was a monthly rental, only. There is no specific permission or provision to use any portion of the land in question for agricultural purposes. While that be the position, the appellant and the second respondent appear to have filed Form No. 7 Application under Section 48A before the Taluk Land Tribunal, for grant of occupancy rights under Section 45 of the Karnataka Land Reforms Act, 1961 (hereinafter referred as the 'Act') in respect of the lands, which were the subject matter of lease. The Land Tribunal, after considering the objections of the first respondent and holding an Inquiry into the claims, appears to have granted occupancy rights in their favour on the view that the claimants were in lawful possession and cultivation of the said lands as on 1-3-1974. The first respondent, who is the owner of the lands, filed W.P. Nos. 1318/1979 and 1319/1979 before the High Court challenging the said orders. After the amendments introduced to the Act in the year 1986 constituting Land Reforms District Appellate Forums. The Writ Petitions seem to have been transmitted to the Appellate Authority, Mangalore, and the said Authority, on considering the materials on record, upheld the grant of occupancy rights in respect of the lands in question, except 25 cents of Survey No. 70 over which the Saw Mill as such stood and therefore used for non-agricultural purpose. Aggrieved, the first respondent, as indicated earlier, challenged before the High Court that part of the order granting occupancy rights in favour of the appellant and the appellant challenged that part of the order which denied such occupancy rights in respect of 25 cents of lands, noticed above, over which the Saw Mill building was located.;