( 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 determi