9911796707
TMI Blog1976 (8) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... tas in S1. No. 76/P of Halemudigere village in Mudigere taluk of Chickmagalur District. The 1st respondent, Girijamma, filed an application before the Tribunal on 26-121974, alleging that she was personally cultivating 3 acres of wet land out of 5 acres 31 guntas in Survey N. 76/P of Halemudigere village and that under the provisions of the Act, she may be registered as an occupant. 2. The appellant-land owner opposed the said application contending that the applicant was not the tenant as defined under the Act, and that she was not personally cultivating the land. 3. On the basis of the said application, the Tribunal issued public notice under Section 48-A(2) of the Act. It reads: WHEREAS the lands mentioned below have vested i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be situated to the north, to the south, to the west or to the east or it might be distributed all over in several bits. It is common sense that when a person claims any specific immoveable property which is not the whole survey number or a sub-division of a survey number, that party ought to give the boundaries and description so as to clearly identify the property. If a party merely states that out of 5 acres 31 guntas of land he is in possession of 3 acres, how is it possible for anybody to identify that property and adduce evidence whether or not the property claimed by the person was cultivated by the party claiming as tenant? By virtue of Section 44(1) of the Act, all lands held by or in the possession of tenants immediately prior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t respondent. On 2-6-1975, the Tribunal passed an order holding that the applicant Girijamma was the occupant of Survey No. 76/P of the extent of 5 acres 31 guntas in H,alemudigere village. The reasons, in support of the unanimous decision of the Tribunal may better be stated in its own words. It reads: Findings: ....................... since the applicants hut is on the land, she has her own kana and agricultural implements, it is very certain that she is cultivating the land. 'Besides,'the evidence on behalf of the Khatedar is very unreliable and contradictory, as patel of Halemudigere testifies that the applicant, Girijamma came 5-6 years ago, and she came and built the house. The Khatedar's father on the other hand sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd of Rights and a certified entry in the Register of Mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor. 7. When it is undisputed that the Record of Rights pertaining to the land in question shows that the land has been under the personal cultivation of the landowner and that it was not a tenanted I-and and the 1st respondent's name does not find any place therein, the law draws a presumption that the statement contained in the Record of Rights is true until the contrary is proved. There is not a word in the entire proceedings of the Tribunal giving reasons how the contrary has been proved. 8. As stated earlier, the 1st respondent had claimed that she was a tenant o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perverse order made in contravention of the basic principles of rules of natural justice cannot be allowed to stand uncorrected. 10. The. learned single Judge before whom the order was challenged, has not dealt with any one of these grounds and unfortunately has upheld the order limiting the right of the l st respondent for registration of occupancy to the extent of 3 acres leaving to the Tribunal to identify that portion of land. 11. This Court is reluctant to interfere with a finding of fact made by the Land Tribunal. But,, where the order of the Tribunal violates the essential principles of rules of natural justice or it exceeds its jurisdiction or commits a serious error in the exercise of its jurisdiction or if the order is perve ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
