Supreme Court of India
Monthi Menezes (d) by Lr. v. Devaki Amma (d) by Lr. & Anr.
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What the Court ordered
In view of the aforesaid, where we find that the High Court has not adverted to all the facts of the case as also to the law applicable, the proper course in this matter would be to remand the m atter and to request the High Court to decide the writ petition afresh on merits and in accordance with law.
Judgment, page 12
From the headnote
Karnataka Land Reforms Act, 1961 (amended) – ss. 2( 18), 44, 45 – Karnataka Land reforms Rules, 1974 – Predecessor of t he appellant made an application in the prescribed form 7 appended to Rules, 1974 claiming occupancy rights over vario us parcels of land – Landlord objected and contended that the sai d parcels of land were ‘Punja’ lands, which were not cultivable and were not leased to the applicant – Land Tribunal came to the conclusio n 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
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