Case Note & Summary
The petitioner, Sri B. Hanumanthappa, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the order dated 22.02.2018 passed by the Karnataka Appellate Tribunal in Appeal No.98/2017 (Revenue), which confirmed the order dated 05.10.2016 of the Authorized Officer and Assistant Commissioner, Land Tribunal, Shikaripura. The petitioner claimed to be a tenant/occupant of land in Sy.No.146/6 measuring 2 acres 5 guntas in Mallenahalli Village, Talagunda Hobli, Shikaripura Taluk, Shivamogga District, which he had been cultivating since his father's time. The Land Tribunal had ordered his eviction for non-payment of rent under Section 77 of the Karnataka Land Reforms Act, 1961. The petitioner argued that the orders were erroneous and that he had not defaulted. The High Court, after hearing the counsel for the petitioner and the learned High Court Government Pleader for the respondents, found that the concurrent findings of fact by the Land Tribunal and the Appellate Tribunal regarding the default in payment of rent were based on evidence and did not suffer from any legal infirmity or perversity. The Court held that its writ jurisdiction under Articles 226 and 227 is limited to correcting errors of law or jurisdiction and cannot be used to reappreciate evidence or substitute its own findings. Consequently, the writ petition was dismissed, upholding the eviction order.
Headnote
A) Land Reforms - Tenancy - Eviction for Non-Payment of Rent - Section 77, Karnataka Land Reforms Act, 1961 - The petitioner, a tenant, challenged the eviction order passed by the Land Tribunal and confirmed by the Karnataka Appellate Tribunal for non-payment of rent. The High Court held that the concurrent findings of fact regarding default in payment of rent cannot be interfered with under Articles 226 and 227 of the Constitution of India, as the petitioner failed to establish any legal error or perversity in the orders. (Paras 1-5)
B) Constitutional Law - Writ Jurisdiction - Scope of Interference under Articles 226 and 227 - The High Court reiterated that its supervisory jurisdiction is limited to correcting errors of law or jurisdiction and does not extend to reappreciating evidence or substituting its own findings on facts, especially when the lower authorities have concurrently found the tenant in default. (Paras 4-5)
Issue of Consideration
Whether the Land Tribunal and the Karnataka Appellate Tribunal erred in ordering eviction of the petitioner-tenant for non-payment of rent under Section 77 of the Karnataka Land Reforms Act, 1961.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Land Tribunal and the Karnataka Appellate Tribunal. The Court held that the concurrent findings of fact regarding default in payment of rent cannot be interfered with under Articles 226 and 227 of the Constitution of India.
Law Points
- Tenancy rights
- Eviction for non-payment of rent
- Karnataka Land Reforms Act
- 1961
- Section 77
- Jurisdiction of Land Tribunal
- Appellate Tribunal's power to confirm eviction
Case Details
2018 LawText (KAR) (07) 51
Writ Petition No.26098/2018 (LR SEC-77)
Sri. Girish.M.K (for petitioner), Smt. Vaheeda, HCGP (for respondents)
The Authorized Officer and Assistant Commissioner, Land Tribunal, Shikaripura; The Thasildar, Shikaripura Taluk; Sri Krishnappa Naika
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Karnataka Appellate Tribunal confirming eviction of the petitioner-tenant for non-payment of rent.
Remedy Sought
Petitioner sought quashing of the order dated 05.10.2016 passed by the Authorized Officer and Assistant Commissioner, Land Tribunal, Shikaripura, and the order dated 22.02.2018 passed by the Karnataka Appellate Tribunal in Appeal No.98/2017.
Filing Reason
Petitioner was aggrieved by the eviction order passed by the Land Tribunal and confirmed by the Appellate Tribunal for non-payment of rent under Section 77 of the Karnataka Land Reforms Act, 1961.
Previous Decisions
The Land Tribunal (Authorized Officer and Assistant Commissioner) passed an order on 05.10.2016 ordering eviction. The Karnataka Appellate Tribunal in Appeal No.98/2017 dated 22.02.2018 confirmed the order and dismissed the appeal.
Issues
Whether the Land Tribunal and the Karnataka Appellate Tribunal erred in ordering eviction of the petitioner-tenant for non-payment of rent under Section 77 of the Karnataka Land Reforms Act, 1961.
Whether the High Court can interfere with concurrent findings of fact under Articles 226 and 227 of the Constitution of India.
Submissions/Arguments
Petitioner argued that he was a tenant/occupant of the land since his father's time and that the eviction order was erroneous.
Respondents (through HCGP) supported the orders of the Land Tribunal and Appellate Tribunal.
Ratio Decidendi
The High Court's supervisory jurisdiction under Articles 226 and 227 is limited to correcting errors of law or jurisdiction and does not extend to reappreciating evidence or substituting its own findings on facts, especially when the lower authorities have concurrently found the tenant in default of payment of rent under Section 77 of the Karnataka Land Reforms Act, 1961.
Judgment Excerpts
Heard the learned counsel for the petitioner and learned HCGP for the respondents.
Petitioner is before this Court being aggrieved by the order of the Karnataka Appellate Tribunal rendered in (Revenue) Appeal No.98/2017 dated 22.02.2018 whereby, the Appellate Tribunal has been pleased to confirm the order of the Authorized Officer and consequently was pleased to dismiss the appeal.
The facts in brief are that, the petitioner is the tenant/occupant of the land comprised in Sy.No.146/6 measuring 2 acres 5 guntas and situated in Mallenahalli Village, Talagunda Hobli, Shikaripura Taluk, Shivamogga District.
Procedural History
The Land Tribunal (Authorized Officer and Assistant Commissioner) passed an eviction order on 05.10.2016. The petitioner appealed to the Karnataka Appellate Tribunal, which dismissed the appeal on 22.02.2018. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Karnataka Land Reforms Act, 1961: Section 77
- Constitution of India: Articles 226, 227
