High Court Karnataka High Court

Smt A V Radha Devamma vs The Land Tribunal Bangalore North … on 4 November, 2008

Karnataka High Court
Smt A V Radha Devamma vs The Land Tribunal Bangalore North … on 4 November, 2008
Author: H.Billappa
_ VBanga'3g§ré North Taiak,
 Represémgd nyits  ««««« 
'~.Secfeia_ry Tahsildar.

: VV  --  S/o. Bfiatiu Dasagzpa.

.  2(3). S{i.M.Srinivas,
 s'2'--:::_. L_aé'A.Marithémma£ah,
"  ..R!¢;.Ne.'9, Paiace Guttahalli
  'Mair; Rcad,
 '~.Béhind Corporation Cuivert,
' A ~  Maileshwaram,

in THE HIGH coum or KARNATAKA, 8ANGALORE' "'._V_
DATED THIS THE 4*" DAY or NOVEMBER,2Gfi8' Q :7    _
BEFORE    

THE HOWBLE MRJUSTICEZ=.§f|.B!!;i,;53Ai?¥'?}I§._   %   ;

WRIT PETITION N%o_g74&o';g0__g§   
BETWEEN:   L 

Smt.A,V.Radha Devamma,   _ ._
W/o. late A.G.Venkataramaiah .;Setty,V
Aged about 72 years,   .  I
Rfat. No.12, Lakshm«iA._VNEvas§ I

3"' Cross, Mune_s\;1;araLB_3ock,.   
Bangaiore«56G€'0O3';*~. V "  > .. _ A   P'££T!TiON ER

(By Sri.S.§J;'S%1a¢.=;iifi, fc.:?'F?etr)'.*      
AND:  L A   %   
1. The Land T:'*i.'ou'fia¥V   

2.% Mia5rithifi1%éi§aiaii",_"*""

Since cieceased' by LR.

L/%



" '~    V7   .....  it
"._that«the tend in qtgeetion was converted in the year 1932Aa:1d it

  _righte'~,in tavotiri of the second respondent is iliegai and

‘ iti7.”‘thetteforei ‘it:cennot be sustained in law. He aiso submitted
. t:hat_Vti2-eitiieeoond respondent was not the tenant and the land in
‘::’_4:eeeetion is situated withia the Municipal limits and therefote, it

‘oannot be an egriouitural tend. Further he submitted that the

4. Aggrieved by that, the petitioner has filed thiswrit
petition,

5. in brief, the facts are, the petitioner_’eieinie,::
husband iate A.G.\/enkataramaiah
Qantas of land in Sy.No.9 of Jaigttasandra
sate deed dated 17-9-1971 from

husband was out in question was

not the tenanted”‘_i4eoid7Iend-ltherefereijtfifanting of occupancy
righté in favour ‘of fi*i3’« second ‘r’eep’ondentAie iiiegal and
therefore, this writ petiti-one.» V’ ‘ ” r

6;.’ ‘V _The ieamed to-ouinsei for the petitioner contended

evai’iovoitijVraii’ tend and therefore granting of cecupancy

i/

v4..v.{lf!eantt1{i’:jj.’ oi the V”Acti.:H %%%%% He therefore submitted that the

‘*i{hpu’g»n_ei:i..v_erdeficemot be sustained in law. He also

en recerd proper perspective and therefore, the impugned
_ ejrder’ioaenVet be sustained in law. He also submitted that, the
__ i-deiayilinifiling the writ petitien has men prepetty explained and

it ‘ A “theiefore, the writ petition can be entertained.

decisions of the Civil Court are not binding on the
Placing reliance on the decision of this Court
1979(1) KLJ Page 307 he submitted ihatthe not Q t
bound by the decree or order passed :by the
can investigate the genuinenese’of”‘*~any clatih on hie it
also placed reliance on the.decisio%nV’jA’ef_ this Couittteptiirtw in
1979(1) KLJ Page 412 tovc’o.tite.hdt_ question is

not an agriculteral’_lan_d the Municipal
limits and the area area; placing reliance

on the deeisi.or3″‘eff 1989(1) KLJ page 54

he submitted*.thatVl’t’iiej on the second respondent to

shew that th’e.__landV” ciaims is a land within the

suibeiittediiinbunal has failed to consider the material

g

7. As against this, the learned oounsei for the

. .

second respondent submitted that since 1955 the titigatiori».:¢:s._V_

going on and in ail the proceedings, the

contended that the second respondentmis a terrant’li’end~:::the it

Sand in question is a tenanted land end

opened for the petitioner to contend;«–t_he termite

an agricultural land. Further he that Court in
RSA.No.374f1970 has mitigating and decree
passed by the trialeeourti.-end court in
O.S.No.483l6£§_ the land in
question is an submitted that We,
Aziz and proceedings against the

second respondent for eaéiotion and also for recovery of rents.

He aleéf ‘Veubmittedi.V_.Vthat niprooeedings have been initiated

the respondent for resumption of land under

the ~.proeieiong..__ of””.Lend Reforms Act and therefore, the

oetitioeef eannot contend, the land in question is not an

‘a;ericuit;;raVi”‘land. Further he submitted that the matter was

e~enteeted by the petitioner and hear some before the Tribunal,

L/–~

kg”

9. l have carefully considered the submissions

made by the learned counsel for the parties.

K), The point that arises for my corteidelriaitlohii

whether the impugned order cells for interference? .; « g It ]

11. lt is relevant to note; the ;l”rl_hunat hee

occupancy rights, in favour of theeeeeond
Marithimmaiah, on the gtound;a_the:_’A and
the second respondent wee as tenant.

The learned that the land

in question wee has not vested in
the State; land in question was

converted in__the yearA3.ti.’j§r9S2_:”:’iteelf. therefore, it is not an

agriculterat ianctf is idifiltcutlts to believe this,” for the reason,

it_;hough’t’€h§:,,,’ggetjtiqner her sons have contended, the tand

:5 eoeetilonEs.r§etV”.art1~’agricultural land, they have not produced

anything to_1v’st:oiwhthat the land in question was converted in

year %1e:%;2 itself. Therefore, the Tribunal has new, the

peiit_ioeer and her sons have failed to prove that the land in

9/

question was a converted land. On the other

Tribunal taking into consideration Lye proceedings initivavitiecijfl

before the authorities for eviction anti’ recctzery of §4iee%ne.,ihes

held, the iand in question is a tenanted__

respondent was cultivating the tenxantn’ it réisvsntto
note, Mls. Aziz and company rntas’sii§n%:tii§;ted proceedings in
T.C.No.59/’58~59 eerore tnietansiiear rstsenction and it has
been aiiowed. ThereLefler;:A__AVe”neeai tiied and it has
been a”°W9d5 The revision filed
before tn7e7KA’fT vienfofivthe amendment to the
provisionsof hit is eiso relevant to note,

M!s.Aziz end’ i€3VoI_?tpan–y,iAn_es”‘initiated proceedings against the

respondent” ‘fofrecovery of rents and there is a

Vdiireotien :;}.;e§i’t!.:1;e”_1.rents. Apart from this, in Civii proceedings

L in smesezss and RSA 374170 it has been

“‘~..«.i_’__neid, the” .ir-ind in question is an agricuiturai land. Therefore,

‘ 7frii’A3funai has heid, the tend in question is a ténanted iand

‘ gnzjisecond respondent was cuttivating the tend as tenant and

fconsequentiy has granted occupancy rights. i do not finci any

V