NDLI: Monthi Menezes (d) By Lr. Vs. Devaki Amma (d) By Lr. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	44 Karnataka Land reforms Rules 45 lessee Karnataka Land Reforms Act ss. 2(18) 1961 (amended) Punja’ lands 1974
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Karnataka Land Reforms Act, 1961 (10 of 1962)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Karnataka Land Reforms Act, 1961 (amended) – ss. 2(18), 44, 45 – Karnataka Land reforms Rules, 1974 – Predecessor of the appellant made an application in the prescribed form 7 appended to Rules, 1974 claiming occupancy rights over various parcels of land – Landlord objected and contended that the said parcels of land were ‘Punja’ lands, which were not cultivable and were not leased to the applicant – Land Tribunal came to the conclusion that one parcel of land comprising survey No.119/2A1 was used for agricultural purpose and applicant used the said land to cultivate the other parcels of land – Therefore, the Tribunal rejected the objections of landlord in regard to this land and registered applicant as an occupant – Writ petition by landlord – High Court remanded the matter to Tribunal for fresh inquiry as regards the said land i.e. Survey No.119/2A1 – Land Tribunal again found that the applicant’s claim was justified – Aggrieved, landlord filed another writ petition – High Court allowed the writ petition – On appeal, held: High Court did not advert to the categorical findings of the Tribunal – The significant aspects of the matter, as taken into consideration by the Tribunal, had been that there was a reference in the lease chit about mango trees, cashew, tamarind and the lessee was to enjoy the fruits of the allied land also – Tribunal also observed that for the purpose of cultivating other land, the applicant had to depend upon the land in question and hence, the said land was also to be considered as included in the lease chit – Tribunal also found that survey no.119/2A1 was in possession of the applicant whereas the other one being no.119/2A2 was in possession of landlord – Further, High Court also did not examine the definition of ‘land’ as set out in s.2(18) of the Act, 1961 to find if the land in question answered to the description therein – Thus, matter remanded to the High Court to decide the writ petition afresh on merits and in accordance with law.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 556
Petitioner	Monthi Menezes (d) By Lr.
Respondent	Devaki Amma (d) By Lr. & Anr.
SCR	[2019] 6 S.C.R. 289
Judgement Date	2019-04-23
Case Number	3539

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