- (1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the revision filed by Respondent No. 1 under Section 121(A) of the Karnataka Land Reforms Act, 1961 (in short the 'Act'). In the revision petition challenge was to the order passed by the Land Reforms Appellate Tribunal, Shimoga (in short the 'Appellate Tribunal'). By the impugned order before the High Court the Appellate Tribunal had set aside the order passed by the Land Tribunal, Shimoga Taluk (in short the 'Tribunal'). Background facts in a nutshell are as follows: The lands in Sy. Nos. 3,6/2, 20 and 41/2 situated at Venkatapura village are the Inam lands endowed to Sri Kudli Rameshwara Devaru. In respect of the said lands, the applicants-Sri Subbaraya, Gowdara nanjappa, Matada Basaiah and Smt. Vrundamma filed applications for grant of occupancy rights. Subbaraya filed Form No. 1 claiming to be an Inamdar to the entire extent of 27 acres 29 guntas in the above survey-numbers. Gowdara Nanjappa also filed Form No.1 claiming 2 acres 6 guntas in Sy.No.41/2 as a tenant under the temple. The present petitioner Matada Basaiah also filed application for grant of occupancy right as tenant under Subbaraya in respect of the land measuring 2 acre 6 guntas. Another person Manjappa, husband of Vruddamma also filed an application for grant of occupancy right in Sy.No.41/2 to the extent of 1 acre 20.guntas. The Land Tribunal by its order dated 11.9.1981 granted occupancy right in favour of Gowlara Nanjappa to the extent of 2 acres 6 guntas and in respect of other applicants who are not parties in this petition. The said order was questioned by the present petitioner in W.P. No.17043/83 before this Court. This Court, in so far it relates to Sy.No.41/2 quashed the order of the Land Tribunal and remitted back the matter for fresh disposal in accordance with law. The Land Tribunal took up the matter for consideration by permitting the parties to lead evidence, recorded the evidence of Manjunatha, Subbaraya, Gowdara Nanjappa, Vrundamna and the evidence of the petitioner Matada Basaiah. After considering the report and the entries made in the property and income of Muzrai Institutions maintained in the Taluk Office and also the entries found in the quit rent register, the Land Tribunal by its order dated 17.4.1986 granted occupancy rights in favour of Matada Basaiah to an extent of 2 acres 26 guntas and an extent of 1 acre 20 guntas in favour of Smt.Vrundamma. The order of the Land Tribunal was questioned by Gowdars Nanjappa, who is respondent No.1 in W.P. No.9587/86 before the High Court. The High Court by an order dated 29.9.1986 transmitted the records to the Appellate Authority, Shimoga in view of the amendment and the same was registered as LRA (W) No. 749/86 before the Land Reforms Appellate Authority. The Appellate Authority, by its order dated 27.10.1988 allowed the appeal of Gowdara Nanjappa setting aside the order of the Land Tribunal dated 17.4.1986 in so far as it. relates to an extent of 2 acres 26 guntas which was conferred, in favour of Matada Basatah. Being aggrieved of the order of the Appellate Authority, the petitioner who is a rival tenant has come up with this revision.
(2.) Respondent No. 1's stand before the High Court was that Inamdar Subbaraya, Respondent No. 1 was a tenant in respect of land measuring 2 acres 26 guntas in Survey No. 41/2A. It was held that the Tribunal had rightly granted occupancy right in his favour. Stand of the present appellant before the High Court was that occupancy has been granted based on the entries in the R.T.C. extract and presumption arises regarding the possession and cultivation. Therefore, the Appellate Tribunal had rightly interfered with the order of the Tribunal. The High Court formulated two issues for consideration: 1. Whether the jurisdiction exercised by the Land Tribunal in so far as the adjudication of the matter involving the Inam lands prior to rendering of the judgment in Shri Kudli Sringeri Maha Samsthanam v. State of Karnataka reported in ILR 1992 Kar 1827 dated 24.4.1992 is bad and thereby the matter requires to be remanded to the Special Deputy Commissioner for adjudication 2. Whether the Appellate Authority is justified in interfering with the finding of the Land Tribunal setting aside the grant of occupancy right in favour of the petitioner Matada Basaiah
(3.) It appears that the High Court did not accept the presumptive value of the entries made in the R.T.C. extract but relied upon certain spot inspection made by the Tribunal.;