Honnamma & Ors vs Nanjundalah Since Dead By His Lrs & Ors

2. The facts of the case are as under:-

3. One Nanjundegowda since deceased filed an application on 2nd January. 1976 before the Land Tribunal, Nagamangala in Form No.7 of the Karnataka Land Reforms Act, 1961 (hereinafter called the "Act") claiming occupancy rights on specified surveys numbers in Village Anakanahalli. He thereafter filed an application on 8th April, 1981 seeking to amend Form No. 7 on the plea that some of the survey numbers given therein had not been correctly re-produced. This application was straightaway allowed by the Land Tribunal without notice to the opposite party and the necessary changes in Form No. 7 including some land falling in the Revenue Estates of Villages Mylanahalli and Honnenahalli were made. The landowner, K. Balalingaiah (now represented by his legal representatives) was the owner of the land in question. One Javarappa had also filed an application in Form 7 in the year 1975 for the same piece of land for which Nanjundegowda had filed his application in the year 1981. Javarappa's application was dismissed by the Land Tribunal. He thereafter filed a Writ Petition in the High Court which too was dismissed on 4th December, 1980. After the rejection of the aforesaid application Balalingiah sold the land in dispute to the respondents herein. The purchasers were impleaded as parties before the Land Tribunal and they contested the claim of Nanjundegowda on various grounds. The tribunal, after taking evidence, documentary as well as oral, concluded that the claim of tenancy rights made by Nanjundegowda was untenable and accordingly rejected the claim. This order was challenged by Nanjundegowda by way of a writ petition but on the constitution of the Land Reforms Appellate Authority by an amendment of the Act, the writ petition was remitted to the Appellate Authority for disposal. The Appellate Authority crystallized the points for consideration as under:

6. Whether the order of the Land Tribunal was correct and whether it was liable to be interfered with and after an elaborate discussion of the evidence, allowed the appeal with respect to the land except that covered by survey Nos.64 and 12 of villages Anakanahalli and Mylanahalli respectively vide order of 3rd June 1988 observing that the land was agricultural in nature that Nanjundegowda was indeed a tenant on the land mentioned in Form No. 7 as his uncle Kallumaligegowda had brought him from Kenchanahalli to Anakanahalli where the land was situated and built a house for him with a promise to give the lands to him, and that after the death of Kallumaligegowda, his relatives had assured Nanjundegowda that he could work on the land and bring credit to his uncle's family. The Authority also held that the amendment application pertaining to Form No. 7 filed on 8th April, 1981 could not be said to be beyond limitation. K. Balalingaiah filed a revision petition against the order of the Tribunal before the High Court of Karnataka (CRP No. 3582 of 1988). One Smt. Lakshmamma, a respondent herein, also filed a revision petition against the order of the Tribunal before the High Court of Karnataka (CRP No. 3553 of 1988). The High Court dismissed the revision petitions for non prosecution by its order dated 20th September, 1991 and an application for re- call of the order too was dismissed. One Ramegowda, also filed a revision petition before the High Court against the order of the tribunal (L.L.R.P No 1 of1997) which too was dismissed by order dated 29th January, 1997. Some of the alleged purchasers (respondents herein) again filed revision petitions before the High Court challenging the order of the Appellate Authority. The High Court observed that the three points which arose for consideration were:

12. From a perusal of the aforequoted passage all that is required for the person to claim the status of a deemed tenant is that the possession must be lawful, but there is nothing which would necessitate the payment of rent as a condition precedent for the creation of a deemed tenancy. We are therefore of the opinion that the finding of the High Court with respect to the deemed tenancy under Issue No.3 is also erroneous.

13. This appeal is accordingly allowed, the order of the High Court is set aside and that of the Appellate Authority restored. There will, however, be no order as to costs.