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1973 DIGILAW 221 (KAR)

SANNINGAPPA JAMALAPPA v. GOPALANAIK GURAPPA

1973-08-23

K.J.SHETTY

body1973
( 1 ) THE question raised in this petition turns on the scope of Ss. 35 to 38 of the Mysore Land Reforms Act, 1961 ("the Act' ). Sanningappa-the tenant is the petitioner before me. He is an artisan in occupation of a dwelling house built on a site belonging to the respondents. The site is situate at Nalageri village of Ranebennur Taluk. He has been there for the past several years. He had executed a rent note dt. 1-5-1953 with a stipulation that he would pay yearly rent of Rs. 30 and that he would construct a house at a cast of Rs. 500 which would be adjusted towards the rent payable bv him and thereafter to leave -the site and vacate the house unconditionally. ( 2 ) THE tenant, with a view to purchase the site, filed an application under S. 37 (2) of the Act, praying for the fixation of price to the site by the Land Tribunal. The respondent opposed the application mainly contending that the dwelling house was built at their cost in lieu of rent payable by the tenant and that therefore he has no right to purchase the site. The Land Tribunal upheld their contention and held that the tenant has no right to purchase. This decision was affirmed by the First Addl. District Judge, Dharwar, in the appeal preferred by the tenant. He now challenges the said decision in this revision petition. ( 3 ) THE concurrent finding of both the authorities below that the house was not built at the expense of the tenant or his predecessor-in-title is based on the appreciation of evidence on record and I have no reason to disturb it. It must be held to be binding upon me. Then the question which immediately arises is whether, in such a case, the tenant has a right to purchase the site from his unwilling landlord. Ss. 35 to 38 of the Act are relevant for the decision on the question. Section 35, so far as it is relevant, provides :" 35 (1 ). Then the question which immediately arises is whether, in such a case, the tenant has a right to purchase the site from his unwilling landlord. Ss. 35 to 38 of the Act are relevant for the decision on the question. Section 35, so far as it is relevant, provides :" 35 (1 ). Bar to eviction from duelling house:-If in any village, a tenant is in occupation of dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment, unless- (a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title;. . . Section 36 provides : " Tenant to be given first option to purchase site: - (1) If a landlord to whom the site referred to in S. 35 belongs intends to sell such site, the tenant at the expense of whom or whose predecessor-in-title a dwelling house is. built thereon -shall be given in' the manner provided in sub-sec. (2) the first option of purchasing the site at a price determined by the Court. (2) The landlord intending to sell such site shall give notice in wiiting to the tenant requiring him to state within three months from the date of service of such notice whether he is willing to purchase the site. "section 37 provides :" 37. Tenant's right to purchase site;_ (1) if a tenant referred to in S. 35 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to the landlord to that effect. (2) If the landlord refuses, or fails to accept the offer and to execute the sale deed within three months from the date thereof, the tenant may apply to the Court for the determination of the reasonable price of the site, provided that where an annual rent is paid in respect of such site, the reasonable price shall not exceed twenty times such annual rent; and thereupon the provisions for the determination and payment of the price, the transfer of the site and the issue of a certificate of purchase contained in S. 36 shall apply thereto. "section 38 provides :" 38. "section 38 provides :" 38. Dwelling houses of agricultural labourers, etc.-The provisions of Sections 35, 36 and 37 shall apply- (a) to the dwelling houses and sites thereof built and occupied by agricultural labourers and artisans in any village; and (b) to the lands held on lease in any village by persons carrying on an allied pursuit for the purpose of such pursuit. " ( 4 ) UNDER S. 35, it is for the landlord to prove that the dwelling house was not built at the expense of his tenant or his predecessor-in-title. If he proves that, then there is no bar to eviction of that tenant from his dwelling house. The section makes it very clear that if the tenant has built his dwelling house on the site belonging to the landlord, then he shall not be evicted. The other provisions of the Act confer on him several rights. If the landlord wants to sell the site, under S. 36, he shall give first option to purchase to the tenant referred to in S. 35, i. e. , the tenant at the expense of whom or whose predecessor-in-title a house is built thereon. S. 37 confers a right on the tenant to purchase the site. If the landlord refuses or fails to accept the offer and to execute the sale deed within three months from the date of notice by the tenant, the latter may apply to the Tribunal for the determination of the reasonable price of the site. The provisions of Ss. 35, 36 and 37 are made applicable to dwelling houses of agricultural labourers and artisans (see S. 38 ). These provisions are part of the same scheme, i. e. , to confer a right on the tenant to purchase the site on which he has built a dwelling a house at his cost. S. 38 cannot be read in isolation. There is no question of the tenant purchasing a site, on which a dwelling house was built at the expense of the landlord. In other words, the tenant cannot become the owner of the site alone. It is only when he is already the owner of the dwelling house, the Act confers on him the right to purchase the site from his landlord. The view taken by the -authorities below is correct and does not call for any interference. In other words, the tenant cannot become the owner of the site alone. It is only when he is already the owner of the dwelling house, the Act confers on him the right to purchase the site from his landlord. The view taken by the -authorities below is correct and does not call for any interference. The Civil Revision Petition therefore fails and is dismissed. No costs. --- *** --- .