Karnataka High Court
M.S.NARAYANAGOUDA - Appellant
Versus
GIRIJAMMA - Respondent
Decided On : 08-30-76
W.A. : 560 of 1975
Land Reforms Act - Registration of Occupancy - 45 of the Karnataka Land Reforms Act, 1961 - [S. 45] - [Summary of Acts and Sections: S. 44(1), S. 48a(2), S. 127, S. 133] - The court discussed the provisions of S. 44(1) regarding the transfer of lands to the State Government, the requirements of notice under S. 48a(2) for identifying the land, and the presumption of truth in the Record of Rights under S. 127 and S. 133. The interpretation of these provisions influenced the court's decision to quash the proceedings due to violations of natural justice and jurisdiction.
Fact of the Case:
The 1st respondent filed an application for registration of occupancy of 3 acres of wet land under the Karnataka Land Reforms Act, claiming personal cultivation. The Tribunal issued a notice without specifying the land boundaries, and after oral and local inspection, ordered registration in favor of the 1st respondent.
Finding of the Court:
The court found that the Tribunal's order violated principles of natural justice, exceeded its jurisdiction, and made a conscious violation of the law, leading to a quashing of the entire proceedings.
Issues: Violation of natural justice, jurisdictional exceedance, conscious violation of law, and lack of proper notice with land boundaries.
Ratio Decidendi: The court can interfere with a finding of fact if the order violates essential principles of natural justice, exceeds jurisdiction, commits a serious error, or is perverse. Proper notice with land boundaries is essential for registration of occupancy.
Final Decision: The appeal was allowed, and the entire proceedings before the Tribunal were quashed. The Tribunal was directed to issue a proper notice in accordance with the law.
( 1 ) THIS appeal preferred by a land owner in Mudigere Taluk, Chickmagalur district, arises out of an application of the 1st respondent-Girijamma, made u|s. 45 of the Karnataka Land Reforms Act, 1961 (hereinafter called the 'act'), before the Land Tribunal, Mudigere Taluk, for registration of occupancy in respect of 3 acres of wet land out of 5 acres 31 guntas in Survey No. 76/p of Halemudigere village in Mudigere Taluk of chickmagalur District. The 1st respondent-Girijamma filed an application before the Tribunal on 26-12-1974, alleging that she, was personally cultivating 2 acres of wet land out of 5 acres, 31 guntas in Sy. No. 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 a tenant as defined under the Act, and that she was not personally cultivating the land. On the basis of the said application, the Tribunal issued public notice under S. 48a (2) of the Act. It reads:"whereas the lands mentioned below have vested in the State government under S. 44 (1) of the Act and whereas the Tribunal has to determine the person who is entitled to be registered as an occupant of the said lands under Section 45. Now, therefore, notice is hereby given to Srima (ti Girijamma w/o thanna Setty, Halemudigere; (2) M. S. Narayanagouda, S/o Shesthegowda, halemudigere to appear before the Tribunal on 11-2-75 at 11-00 a. M. with documentary evidence, if any. DESCRIPTION OF THE LAND taluk Mudigere village Halemudigere sl. No. 76/p area A- 0 3-00 assessment 13-50 place: Mudigere Date: 8-1-1975. Sd/- Secretary of the Tribunal".
( 3 ) IT is relevant to state at the very outset that neither the application of the 1st respondent-Girijamma nor the notice under S. 48a (2) of the Act, specify the boundaries of the extent of 3 acres of land in respect of which registration of occupancy was claimed. It has to be noted that the total extent of the land comprised in Sy. No. 76/p of Halemudigere village is admittedly 5 acres 31 guntas. The land being specific property, it is necessary to identify the same by giving the correct boundaries if the subject matter forms a portion or part of survey sub-division and not the whole survey sub-division. In the absence of specific boundaries, it is impossible to identify the land alleged to have vested in the State Govt and in respect of which the 1st Respt-Girijamma claimed registration of occupancy the said extent of 3 acres 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 s. 44 (1) of the Act, all lands held by or in the possession of tenants immediately prior to the date of commencement of the Amendment Act, i. e. , 1-3-1974,, stand transferred to and vest in the State Government. With a descrpition, as given in the public notice issued by the Tribunal, is it humanly possible to identify the land said to have vested in the State government under Section 44 (1)? the parties appeared before the Tribunal. Both sides led oral evidence. The witness examined for the 1st respondent supported her case, while the witness examined for the appellant-land owner supported his case. The 1st respondent produced no documentary evidence in support of her case, while the appellant produced the certified copies of Record of Rights pertaining to sy. No. 76/p and levy
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