- (1.) Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court allowing the civil revision filed under Section 121A of the Karnataka Land Reforms Act, 1961 (in short the Act ). Challenge in the petition was to the order passed by the Land Reforms Appellate Authority, Dharwad (in short Appellate Authority ) Respondent No. 3 had filed the petition. The Appellate Authority set aside the grant of occupancy rights as granted by the Land Tribunal, Dharwad (in short the Tribunal ).
(2.) Background facts as projected by the appellant are as follows: Appellant is the owner of suit property measuring 2 acres 30 guntas in Survey No. 179 and an extent of 2 acres and 15 guntas in Survey No. 106. The said land was under the tenancy of respondent No. 2 who had surrendered both the suit properties to the appellant s father. To substantiate such stand the appellant produced the following documents: (a) Deed of surrender dated 10.3.1955. (b) The statement of the father of the appellant dated 22.8.1955 before the Tehsildar. (c) The statement of the respondent dated 6.9.1955 before the Tehsildar. (d) The possession certificate in the presence of village Accountant and Panchas on 8.12.1955. (e) The mutation entry dated 8.12.1955 by the Tehsildar.
(3.) At the relevant point of time the Bombay Tenancy and Agricultural Lands Act, 1948 (in short the Bombay Tenancy Act ) was in operation in the State of Karnataka. Section 5(3)(b) of the said Act reads as follows: (3) Notwithstanding anything contained in Sub-section (1)- (b) a tenant may terminate the tenancy at any time by surrendering his interest as a tenant in favour of the landlord: Provided that such surrender shall be in writing and shall be verified before the Mamlatdar in the prescribed manner.;