Supreme Court of India
NARASAMMA & ORS.versusSTATE OF KARNATAKA & ORS.
- Citation
- 2009 INSC 370
- Decided
- 19 March 2009
- Disposal
- Appeal(s) allowed
- Bench
- TARUN CHATTERJEE
Holding
The appellants, being in continuous possession and having tenancy rights admitted by the landlord, acquired occupancy right under sections 44, 45 and 48A of the Karnataka Land Reforms Act, 1961, and their names must be entered as occupancy right holders.
Summary
The appellants claimed occupancy rights over a 6‑acre plot in Bangalore, asserting that they were agricultural tenants on 1 March 1974, the date the Karnataka Land Reforms Act, 1961 was amended to introduce sections 44, 45 and 48A. The land had passed through several owners and the respondent, as landlord, admitted in a 1972 rent‑recovery proceeding that the appellants were tenants and recorded them as such in the revenue Record of Rights. The Land Tribunal and the High Court rejected the appellants' application for registration, holding that they had not proved tenancy rights. The Supreme Court examined whether the appellants were tenants on the relevant date, considered the landlord's admission, the rent‑recovery judgment, the entries in the Record of Rights and witness testimony, and held that the onus was on the respondent to disprove tenancy. Finding no such proof, the Court concluded that the appellants had acquired occupancy right under the amended Act and ordered their names to be entered as occupancy right holders.
Issues considered
- Whether the appellants were agricultural tenants on 1 March 1974, thereby entitled to occupancy right under sections 44, 45 and 48A of the Karnataka Land Reforms Act, 1961 (as amended).
- Whether the entries in the revenue Record of Rights can be relied upon to establish tenancy and occupancy right.
- Who bears the onus of proving the absence of tenancy rights in the context of the Act.
Subjects
Land reformsOccupancy rightAgricultural tenancyKarnataka Land Reforms ActRecord of RightsOnus of proofSupreme Court
Judgment
[2009] 4 S.C.R. 929
1
-\'. NARASAMMA & ORS. A
v.
STATE OF KARNATAKA & ORS.
Civil Appeal Nos. 568-571 of 2005
MARCH 19, 2009
B
(TARUN CHATTERJEE AND HARJIT SINGH BEDI, JJ.)
Land Reforms:
;
Kamataka Land Reforms Act, 1961, as amended on 1st
March, 1974 - ss.44, 45 & 48A-Agricultural tenancy- Status c
of occupancy right holder - Entitlement to - Whether
appellants acquired occupancy right in respect of the land in
dispute and their names ought to be registered as occupancy
right holders in respect thereof - Held, Yes - Entries in record
of rights showed that appellants were in cultivatory possession D
of the land in dispute on the relevant date viz. on 1st March,
1974 and nature of their cultivation was gutha (rent)- In earlier
recovery proceedings relating to arrears of rent, landlord-
respondent had admitted that appellants were tenants in
respect of the land in dispute - Onus was on respondent to
E
show by producing material that appellants did not acquire
..,.,. any status of occupancy right although they were found to be
in continuous possession of the land in dispute - Respondent
failed to produce any such material or document and further
failed to show that the entries in record of rights were wrong.
F
The Karnataka Land Reforms Act, 1961 was amended
o.n 1st March, 1974 and ss. 44, 45 and 48A of the Act were
introduced whereby agricultural tenants became entitled
to apply for confirmation of ownership.
\
).'
Appellants claimed to be in possession and G
cultivation of the land in dispute as tenants on the relevant
date i.e. the day on which the Act was amended, and on
that basis filed application for registration as occupant in
929 H
930 SUPREME COURT REPORTS [2009] 4 S.C.R.
A respect of the land in dispute. The application was ',
dismissed by the Land Tribunal constituted under the Act.
The High Court, by the impugned judgment, held that
though the appellants may be in possession of the land
in dispute but they failed to prove that they had acquired
8 tenancy rights in respect thereof and consequently
upheld the order passed by the Tribunal.
In the Instant appeals, the question which arose for
co113iqeration was whether the appellants were entitled
to be registered as an occupancy right holder in respect
c of the land in dispute.
Allowing the appeals, the Court
HELD:1.1. Taking into consideration the findings of
fact on the question of possession arrived at by the High
D Court as well as the Land Tribunal that the appellants were
in cultivatory possession of the land in dispute and
considering the admission made by the landlord/
respondent in earlier recovery proceedings relating to
arrears of rent that the appellants were tenants in respect
E of the land in dispute and considering the fact that on the
relevant date of coming into force of the Act, viz., on 1st
of March, 1974, the appellants were in possession of the ...,.
land in dispute, it is conclusively established the
appellants were tenants in respect of the land in dispute
F and the entries in the Record of Rights clearly show that
the appellants were in continuous possession of the land
in dispute and the nature of cultivation was gutha (rent)
and further, in the absence of any material produced by
the respondent to show that in fact the appellants were
not tenants in respect of the land in dispute, the appellants
.
"
G
had acquired occupancy right in respect of the land in
dispute. [Para 11] [937-G-H; 938-A-E]
1.2. The onus was on the respondent to show by
producing material that the appellants had not acquired
H any status of occupancy right although they were found
NARASAMMA & ORS. V. STATE OF 9:31
4KARNATAKA & ORS.
' to be in continuous possession of the land in dispute. A
~
Since the respondent had failed to produce any material
or document to prove that the appellants had not acquired
any status in respect of the land in dispute and had failed
to show that the entries in the Record of Rights were
wrong, there is no ground to reject the claim of the B
appellants for conferring status of occupancy right holder
in respect of the land in dispute. [Para 12] [939-F-H; 940-A]
J
} 1.3. The entries in the revenue record cannot create
any title in respect of the land in dispute, but it certainly
reflects as to who was in possession of the land in dispute c
on the date the name of that person had been entered in
the revenue record. [Para 12] [940-8-C]
1.4. The name of the appellants should be registered
as an occupancy right holder in respect of the land in D
dispute. Accordingly, the application of the appellants for
recording their names as occupancy right holders in
respect of the land in dispute shall stand allowed. [Para
12] [940-G-H; 941-B]
Rita Premchand & Anr. Vs. State of Maharashtra & Ors. E
2001 (4) MLJ 671 - approved.
_., Damu Ganu Bendale Vs. Arvinda Dhondu Talekar & Ors.
1995 Supp.1 SCC 182 and Jattu Ram Vs. Hakam Singh &
Ors. 1993 (4) SCC 403 - distinguished.
F
Siddawwa Korn Udochappa Vaddar & Anr. Vs. Ningayya
Erayya Hiremath & Ors. 1999 (1) SCC 176 and Gajadhar
Prosad Singh & Ors. Vs. Sheo Nandan Prosad Singh & Ors.
23 CWN 304 - relied on.
\, Case Law Reference G
1999 (1) sec 11s relied on Para 9
1995 Supp.1 SCC 182 distinguished Para 10
23 CWN 304 relied on Para 12 H
932 SUPREME COURT REPORTS (2009] 4 S.C.R.
A 1993 (4) sec 403 distinguished Para 12 '+
2001 (4) MLJ 671 approved Para 12
CIVILAPPELLATE JURISDICTION: Civil Appeal Nos. 568-
571 of 2005
B
From the Judgement and Order dated 12.09.2003 of the
Hon'ble High Court of Karnataka at Banglore in, Writ Appeal
Nos. 5214-5215 & 6560-6561 of 2003.
lndu Malhotra, Kashi Vishweshwar, Monish Handa, R.C.
C Kohli, for the Appellants.
Shekhar Naphade, B. Vishwanath Bhandarkar, V.N.
Raghupathy, Sanjay R. Hedge (N.P.), for the Respondents.
The Judgement of the Court was delivered by
D 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
E "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
F 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).
G 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
1
was passed in favour of the respondent on 29 h of June. 1972
H directing payment of arrears of rent in the aforesaid recovery
NARASAMMA & ORS. V STATE OF 933
"- KARNATAKA & ORS. [TARUN CHATTERJEE, J.]
I
~ case. The Karnataka Land Reforms Act, 1961 (in short, "the A
51
Act") was amended on 1 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 B
before the Land Tribunal under the Act. Muniyappa died on 3rc1
of October, 1976 during the pendency of the said application. In
-l
)
1977, the appellants filed a fresh Form No.7. By an order dated
1
24 h of July, 1979, the Land Tribunal disposed of the application
filed by the appellants after, inter alia, making the following c
findings:-
(i) Muniyappa, the father of the appellants, cultivated the
land for two decades;
... (ii) Adjacent landowners, deposed that the land in dispute D
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. E
(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,
F
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. G
... (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.
H
934 SUPREME COURT REPORTS [2009] 4 S.C.R.
A 2. In spite of the aforesaid findings, the Land Tribunal \
I
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
B petition was moved at the instance of the 1appellants before the
High Court which by its order dated 5 h 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
c 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
1
12 h of June, 2002 rejected the application of the appellants and
directed the Tehsildar to take further action, inter alia, on the
D grounds that:- ,.
(i) Entries in the Record of Rights relating to the land in
dispute were forged ;
(ii) No co-relationship existed between the Rent
E Recovery Proceeding and the tenancy proceedings.
4. Feeling aggrieved by the aforesaid order of the Land
Tribunal, a writ ~etition was filed in the High Court which was
disposed of on 6 h of June, 2003 by an order in which the learned
Single Judge of the High Court had come to the conclusion that
F the appellants were in possession of the land in dispute.
However, it was held by the High Court that the appellants must
produce some materials to show that the appellants had
acquired tenancy rights in respect of the land in dispute without
considering the findings of the Rent Recovery proceedings and
G admission of the respondent on the question of possession and I
tenancy of the appellants in respect of the same. In appeal, the
Division Bench of the High Court also confirmed the order of
the learned Single Judge after making, inter alia, the following
observations:-
H
NARASAMMA & ORS. V 3TATE OF 935
KARNATAKA & ORS. [TARUN CHATTERJEE, J]
"The appellants-petitioners have not been able to show A
that they were in possession of the land and the learned
Single Judge on consideration found that in the absence
of any material produced before the Tribunal, the
petitioners cannot take advantage to get the tenancy rights
in their favour, though they may be in possession. The B
learned Single Judge observed that mere possession
does not indicate the status and therefore held that the
Tribunal was justified in rejecting their request as they
j
have failed to prove their tenancy."
.. J
A reading of this finding of the Division Bench of the High c
Court would only lead us to hold that the findings arrived at on
the question of possession of the appellants relating to the land
in dispute were contradictory. At one place, the Division Bench
• observed that the appellants could not show that they were in
possession of the land in dispute and in another place the D
~
Division Bench observed that they may be in possession, but
such possession cannot lead the court to hold that the appellants
had acquired tenancy rights relating to the land in dispute.
5. Feeling aggrieved by the order of the Division Bench,
E
the present Special Leave Petitions were filed by the appellants
in this Court, which on grant of leave were heard in the presence
of the learned counsel for the parties.
-/..
6. Having heard the learned counsel for the parties and
after going through the materials on record, the only question F
that needs to be decided in the present appeals is whether the
land in dispute was tenanted on 1st of March, 1974, i.e. the day
on which the Act was amended and Sections 44, 45 and 48A of
the Act were introduced. As noted herein earlier, the appellants
had brought on record the following documents and evidence G
), to substantiate their case of tenancy in respect of the land in
dispute on the notified date :-
.....
(i) Admission of the landlord-respondent made in the
year 1960-1962.
H
936 SUPREME COURT REPORTS [2009] 4 S.C.R.
A (ii) Judgment and order dated 29th of June, 1972 in Rent }
Recovery proceedings for the period from 1966 to
1972.
(iii) Entries in the revenue Record of Rights relating to
land in dispute from 1969 to 1997.
B
(iv) Evidence of independent witnesses of adjoining
areas;
,)
7. It may be mentioned herein that against the aforesaid '-
c documents and evidence produced by the appellants in order •
to prove their possession and right of tenancy relating to the
land in dispute, the respondent, however, had failed to produce
any document to establish that he was in possession of the land
1
in dispute on the relevant date i.e. on 1' of March, 1974. l-
D 8. From a bare perusal of the orders passed by the Land
Tribunal and the learned Single Judge as well as the Division "'
Bench of the High Court, it is clear that the appellants were found
to be in possession and in cultivation of the land in dispute. The
only ground on which the claim of tenancy right of the appellants
E was not accepted either by the Land Tribunal or by the High
Court was that the appellants had failed to produce any document
or material to show that they had acquired tenancy rights in
respect of the land in dispute on the appointed day. In view of ... -
our findings made herein above that the appellants had
produced sufficient material to prove that they had acquired the
F tenancy right in respect of the land in dispute, viz., the admission
of the landlord respondent in the rent recovery proceedings that-
(i) The appellants were tenants and, therefore, were
liable to pay rent to the respondent in respect of the
G land in dispute. ,;
(ii) The entries in the record of rights in respect of the
land in dispute would also show that the type of
cultivation was gutha (rent).
-
H (iii) The adjacent landowners in their deposition also
NARASAMMA & ORS. V. STATE OF 937
KARNATAKA & ORS. [TARUN CHATTERJEE, J.]
-~
J deposed that the appellants were in possession and A
were in cultivation of the land in dispute on a lease
basis.
(iv) The names of the appellcints in respect of the land in
dispute were recorded in the record of rights as
B
cultivators on lease basis.
9. Appearing on behalf of the appellants, Ms. lndu Malhotra,
I learned senior counsel, at the first instance, contended that while
)
deciding the issue raised before the High Court as well as the
Land Tribunal, the entries in the relevant Record of Rights relating c
to the land in dispute and also the above aspects of the matter
were not at all considered. Relying on a judgment of this Court·
in the case of Siddawwa Kom Udochappa Vaddar & Anr. Vs.
Ningayya Erayya Hiremath & Ors. [1999 (1) SCC 176], Ms.
lndu Malhotra, learned senior counsel contended that in view of D
the findings of fact arrived at by the Land Tribunal as well as by
the High Court that on 1st of March, 1974 and thereafter, the
appellants continued to be in possession of the land in dispute
and in cultivation of the said land and therefore, they were
necessarily entitled to registration as an occupancy right holder.
E
10. The learned counsel appearing for the respondent
contested the aforesaid submission of the learned senior
-.~
counsel appearing for the appellants and sought to argue that
the appellants had miserably failed to prove that they .were
tenants under the deceased Rama Reddy or his predecessor- F
in-interest and in view of the fact that the two courts concu'rrently
found that although the appellants were in possession of the
land in dispute had failed to prove their status in respect of the
land in dispute, would not be entitled to any relief.
'.,,, 11. Having examined the aforesaid submissions of the G
learned counsel for the parties and after going through the
_'c.,,
impugned order and the materials on record, we are of the view
that the judgment of the High Court is liable to be set aside for
the reasons mentioned hereinafter. Taking into consideration
the findings of fact on the question of possession arrived at by H
938 SUPREi~1E COURT REPORTS [2009; 4 S C.R.
A the High Court as well as the Land Tribunal that the appellants I
I
were in possession and in cultivation of the land in dispute and
considering the admission made by the landlord/respondent that
the appellants were tenants in respect of the land in dispute in
earlier recovery p1 oceedings relating to arrears of rent and
B considering the fact that on the relevant date of coming into force
of the Act, viz., on 1st of March, 1974, the appellants were in
possession of the land in dispute. we have no hesitation to hold
that the continuous possession of the appellants which was
conclusively found by the Tribunal as well as by the High Court
c and in view of the admitted fact that the respondent had admitted
in their deposition of an earlier proceeding that the appellants
were tenants in respect of the land in dispute and the entries in
the Record of Rights clearly show that the appellants were in
possession of the land in dispute and the nature of cultivation
0 was gutha and further in the absence of any material produced
by the respondent to show that in fact the appellants were not
tenants in respect of the land in dispute, we are of the view that
there is no escape that the appellants had acquired occupancy
right in respect of the land in dispute and their names shall be
E registered as occupancy right holders in respect of the land in
dispute. In Siddawwa Kom Udochappa Vaddar (Supra), this
Court, while dealing with a case under the Act, observed as
follows:
"The short question which falls for consideration is that on
F the relevant date, that is on 1.3.1974, when the Act came
into force, as to who has been in possession of the land.
If the first respondent has been in possession thereof and
cultivating the same, necessarily, is entitled to registration
of occupancy right. Since the appellant on the relevant
G date was not in possession thereof and the concurrent
findings of the Tribunal, learned Single Judge and the
Division Bench, we do not think there is any merit in this
appeal which is accordingly dismissed." -
A plain reading of this decision of this Court would clearly
H show that if possession in respect of the land in dispute on the
NARASAMMA & ORS. V. STATE OF 939
KARNATAKA & ORS. [TARUN CHATTERJEE, J]
1
. ~
relevant date was in favour of the appellants showing them to A
be in cultivation and possession of the same are entitled to
registration of the occupancy rights in respect of the land in
dispute .A decision was cited by the learned counsel for the
respondent in the case of Damu Ganu Bendale Vs Arvinda
Ohondu Ta/el<ar & Ors. [1995 Supp.1 SCC 182) to show that B
this Court would not be entitled to interfere with concurrent
:i findings of facts based on appreciation of evidence and,
) therefore. no error of law was committed.
12. In our view, this decision on the face of it cannot be
applied in the facts and circumstances of the present case c
because the aforesaid decision was rendered in a case which
was covered under the Bombay Tenancy and Agricultural Lands
Act, 1948. Furthermore, in the aforesaid decision, the concurrent
-~
findings on the question of possession was not in favour of the
person who was claiming to get his name registered as an D
occupancy right holder in respect of the land in dispute, whereas
in the present case. the concurrent findings of fact on the
question of possession by the High Court as well as by the Land
Tribunal stood in favour of the appellants. At the risk of repetition.
in the present case both the Land Tribunal and the High Court E
held that the appellants were in possession of the land in dispute
-/. and the entries in the Record of Rights also stood in their names
showing that the nature of cultivation was gutha (rent) and also
the appellants were in possession of the same. As noted herein
earlier. the respondent had failed to produce any document or F
material to show to the contrary. Therefore, the onus was on the
respondent to show by producing material that the appellants
had not acquired any status of occupancy right although they
were found to be in continuous possession of the land in dispute.
~ (See : Gajadhar Prosad Singh & Ors. vs. Sheo Nandan Prasad G
Singh & Ors. [ 23 CWN 304). Since the respondent had failed
to produce any material or document to prove that the appellants
had not acquired any status in respect of the lahd in dispute
and had failed to show that the entries in the Record of Rights
were wrong, we do not find any ground to reject the claim of the
H
940 SUPREME COURT REPORTS [2009) 4 S.C.R.
I
A appellants for conferring status of occupancy right holder in I
respect of the land in dispute. In view of our discussions made
hereinabove, we do not find any support to rely on the decision
of this Court in the case of Jattu Ram Vs. Hakam Singh & Ors.
[1993 (4) sec 403) that since the appellants had failed to prove
B their status of tenancy in respect of the land in dispute, they
were not entitled to any relief. It is true that the entries in the
revenue record cannot create any title in respect of the land in
dispute, but it certainly reflects as to who was in possession of ~
the land in dispute on the date the name of that person had
c been entered in the revenue record. That apart, in that decision
of this Court, on which reliance was placed by the learned
Counsel for the respondent, it was admitted that the landlord
did not receive any rent from the person in possession. Relying
on this admission of the person from whom no rent was received,
D it was found that the plea of tenancy was a false one. As noted ...
herein earlier, in the present case, not only the revenue records
clearly sh.ow that the appellants were in continuous possession
of the land in dispute, and the admission of the respondent that
the appellants were tenants in an earlier recovery proceedings,
and in the absence of any document having been produced by
E
the respondent to show that the entries in the Record of Rights
were wrong, it is not possible for us to rely on the aforesaid
decision cited by the learned counsel for the respondent. So far
.. -
as the decision of a learned Judge of the Bombay High Court in
the case of Rita Premchand & Anr. Vs. State of Maharashtra &
F Ors. [2001 (4) MLJ 671] is concerned, there is no dispute about
the proposition enunciated in the said decision which says that
the entries in the revenue records are not dispositive or
conclusive on questions of title and that the revenue record
cannot create any title and are relevant only for fiscal purposes.
G ./
This proposition is not disputed, nor can we dispute it. In view
of our discussions made hereinabove and accepting the -
~
principles enunciated in the aforesaid decision of the Bombay
High Court we are of the view that the name of the appellants
should be registered as an occupancy right holder in respect of
H the land in dispute. Accordingly, the application of the appellants
NARASAMMA & ORS. V. STATE OF . 941
KARNATAKA & ORS. [TARUN CHATIERJEE, J.]
shall stand allowed and consequent thereupon the orders of the A
Land Tribunal as well as the Division Bench and the learned
Single Judge of the High Court shall stand set aside.
13. For the reasons aforesaid, the appeals are allowed,
the impugned judgment of the High Court as well as the
8
judgments of the learned Single Judge and the Land Tribunal
stand set aside and the application for recording names of the
appellants as occupancy right holders in respect of the land in
dispute stands allowed. There will be no order as to costs.
B.B.B. Appeal allowed.
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