IMPORTANT POINT
If on the relevant date appellants were in cultivation and possession of the land, they are entitled to registration of the occupancy rights in respect of the land.

JUDGMENT

Tarun Chatterjee, J.—

1. One Lingachari sold land measuring about 6 Acres 7 Guntas in Serial No. 55 within Gulakamale, Uttarahalli, Hobli, Bangalore, South Taluk, Karnataka, (hereinafter referred to as “the land in dispute”), to one Muniyappa, the father of the appellants, in the year 1954. In 1960, the father of the appellants, Muniyappa sold the land in dispute in favour of one Ashwathaiah who in turn sold it to one P. Ramaiah, who also in his turn sold the land in dispute to Rama Reddy, the respondent herein. On or about 1960-61, the respondent, created a tenancy right in favour of the father of the appellants in lieu of share of crop for two years. The Record of Rights was published in the year 1969 which recorded the appellants as tenants and the respondent as landlord relating to the land in dispute. The Record of Rights further recorded that the type of cultivation was Gutha (Rent). The respondent, who was the landlord in respect of the land in dispute, in the year 1971, filed an application for recovery of rent against the appellants before the Additional Munsif, Bangalore in Rent Recovery Case No.114 of 1971. An order was passed in favour of the respondent on 29th of June, 1972 directing payment of arrears of rent in the aforesaid recovery case. The Karnataka Land Reforms Act, 1961 (in short, “the Act”) was amended on 1st of March, 1974 and Sections 44, 45 and 48A of the Act entitled all agricultural tenants to apply under Form 7 for confirmation of ownership. In view of the above, Muniyappa, the father of the appellants, filed Form No.7 to register him as an occupant in respect of the land in dispute before the Land Tribunal under the Act. Muniyappa died on 3rd of October, 1976 during the pendency of the said application. In 1977, the appellants filed a fresh Form No.7. By an order dated 24th of July, 1979, the Land Tribunal disposed of the application filed by the appellants after, inter alia, making the following findings:-

(i) Muniyappa, the father of the appellants, cultivated the land for two decades;

(ii) Adjacent landowners, deposed that the land in dispute was in possession and cultivation of the appellants on lease basis.

(iii) The names of the appellants in respect of the land in dispute were recorded in the Record of Rights for the years 1973-74 as cultivators also on lease basis.

(iv) The respondent-landlord admitted factum of tenancy by claiming rent for the period from 1966-72 by filing an application for recovery of arrears of rent for the years 1966-72 in respect of the land in dispute in RRC Case No. 114/71 wherein an order was passed on 29th of June, 1972 decreeing the case for payment of arrears of rent;

(v) The appellants were entitled to inherit the tenancy rights and, therefore, entitled to be registered as occupants in respect of the land in dispute.

(vi) The tribunal also recorded that the appellants had made out a prima facie case so far as their possession and cultivation of the land in dispute as tenants, were concerned.

2. In spite of the aforesaid findings, the Land Tribunal rejected the application of the appellants simply on the ground that since the tenants were claiming the land in dispute as their own, they had not established their tenancy rights. Feeling aggrieved by the aforesaid order of the Land Tribunal, a writ petition was moved at the instance of the appellants before the High Court which by its order dated 5th of February, 1985 remanded the case back for fresh disposal after setting aside the said order for reconsideration of the said application after re-assessing the entire oral and documentary evidence on record. This order of the High Court was, however, not challenged either by the appellants or by the respondent.

3. After remand, the Land Tribunal again by its order dated 12th of June, 2002 rejected the application of the appellants and directed the Tehsildar to take further action, inter alia, on the grounds that :-

(i) Entries in the Record of Rights relatin