ORDER

Delay condoned.

2. It is an undisputed fact that the Karnataka Land Reforms (Amendment) Act had come into force with effect from March 1, 1974. The petitioner laid claimed as an occupancy tenant, in respect of 13 acres and 24 gunthas of the land situated in K.R. Nagar Taluk, Karnataka District. When he filed application in Form-7 for recognition of his rights as an occupancy tenant, the Tribunal rejected his claim on the ground that his sons were cultivating the land. It was held that since the petitioner had not been cultivating the land, he could not file the application in Form-7 and, therefore, he was not entitled to be treated as a protected tenant. That order came to be affirmed by the High Court in LRRP No. 2179/88 and in C.P. No. 499/96 on June 10, 1996 and January 6, 1997. Thus, this special leave petition.

3. In view of the fact that a tenant in cultivation is entitled to lay the claim under Section 44 and 48-A of the Karnataka Land Reforms Act (for short, the Act ), on his own admittedly showing that he had not been cultivating the land, the petitioner s right as occupancy tenant was rightly rejected. His status is that of the co-owner, Karta of the joint family and