Delve into the intricacies of a legal case where the court grapples with the dilemma of upholding tenancy rights while considering property development. The court’s thorough legal analysis emphasizes the significance of presenting concrete evidence to establish relationships in the realm of tenant-cultivator dynamics. Stay tuned to unravel the implications of this complex legal dispute.
Facts
- The respondent No.4 purchased the property under a registered Sale Deed dated 26.04.1978.
- The petitioner claiming to be an agricultural tenant in possession and cultivation of the property as of 01.03.1974.
- The Land Tribunal initially granted occupancy rights in favor of the petitioner in 1981.
- The High Court later quashed the Land Tribunal’s order in 1997 and remanded the matter to provide an opportunity to respondent No.4.
- The High Court upheld the Land Tribunal’s decision in 1998 after the fresh consideration.
- The petitioner’s subsequent appeal was dismissed by the High Court.
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Arguments
- Mr. S.N.Bhat, counsel for the petitioner argued that the petitioner previously had the benefit of an order of status-quo during the proceedings before the High Court.
- The Writ Appeal filed by the petitioner was dismissed on 03.12.2015, leading to the cessation of any interim order.
- Mr. S.N. Bhat pointed out that the RTC extracts show the petitioner’s name as a cultivator in Column No.12(2), indicating a tenant-cultivator relationship.
- The issue at hand is whether the petitioner has presented enough evidence to justify the continuation of the status-quo order during the Special Leave Petition.
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Analysis
- The Review Petition was filed with a delay of 380 days from the date of disposal of the Writ Appeal.
- The Land Tribunal noted entries of the respondent No. 3 as a cultivator in RTC extracts from 1971-72 to 1977-78.
- Stray entries in the name of the petitioner were found in 1974-75 and 1975-76 in the cultivator’s column, unsupported by other evidence.
- No documentary evidence was produced by the petitioner for claiming tenancy on a crop-sharing basis.
- The conclusion reached by the Land Tribunal was upheld by the High Court in W.P. No.30602/1998 and the Division Bench in Writ Appeal No.1818/2008(LR).
- The Review Petition against the same was also dismissed on 21.06.2017.
- The interest of the petitioner lies in the developed property and can be appropriately compensated.
- Property has lost its character as agricultural property.
- Continuing to cultivate or be in possession of the property cannot be accepted at this juncture.
- Balance of convenience favors vacating the order of status-quo in favor of respondent No.4.
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Decision
- The change in the nature of the land and development made therein is subject to the result of the Special Leave Petition.
- The application is allowed with no order as to costs.
- The order dated 15.02.2019 is modified.
- The direction to maintain status-quo is vacated.
Case Title: HANUMAPPA (SINCE DECEASED) BY HIS LRS Vs. THE STATE OF KARNATAKA (2020 INSC 592)
Case Number: SLP(C) No.-005467-005468 / 2019
