( 1 ) PETITIONER Anandappa made an application under Sec. 48-A of the karnataka Land Reforms Act, 1961 on 27-8-1974 for grant of occupancy right in respect of 4 Acres and 8 Guntas of land in Survey No. 83/1 of kutrahalli village in Shikaripura Taluk. In the said application he has stated that he has been cultivating the land since 4 years. After receipt of the application the Tribunal issued notice to the Land-holder. The application was disposed of by the Tribunal without adjudicating on the question whether the land in question was a tenanted land immediately prior to 1-3-1974. The impugned order reads thus : "parties agreed that it is a mortgage deed. Hence application rejected. Announced to the parties on 20th December 1975. " ( 2 ) WHEN a person alleging that he is a tenant makes an application under s. 48-A of the Act for grant of registration of occupancy and the Tribunal, after preliminary investigation made by the Revenue Authorities, issues notices to the land-holder as also the tenant, it has to record a finding as to whether or not the land in question was a tenanted land immediately prior to 1-3-1974. Under S. 44 of the Act all tenanted lands as on 1-3-1974 vest in the state Government. It is in respect of such a land alone that a person who was cultivating the said land is entitled to grant of registration of occupancy and none other. Mere agreement of the alleged tenant and the land-holder that the document under which the land is held is a mortgage deed is not sufficient. The Tribunal has to decide the question whether the land was a tenanted land immediately prior to 1-3-1974 and as such vested in the State Government. The impugned order of the Tribunal, therefore, cannot be sustained. ( 3 ) ACCORDINGLY, this Writ Petition is allowed the impugned order of the Tribunal dated 20-12-1975 is quashed and the matter is remitted to the Land Tribunal for adjudication afresh. Rule made absolute. Parties to bear their own costs. --- *** --- .