HARSHA V. RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) By the orders impugned the claim of respondent no. 2 Bhagirathi Bai, since deceased, to be registered as an occupant under Section 45 of the Karnataka Land Reforms Act, 1961 in respect of the land measuring 14 cents in Survey Nos. 353/1 and 353/2 in the Village Attavar in Taluka Mangalore in the District of Dakshina Kannada has been upheld.

(2.) Leave granted.

(3.) According to the appellant, his mother was the owner of the land measuring in all 14 cents in Survey No. 353/1 and 353/2 at Village Attavar within Taluka Mangalore in the District of Dakshina Kannada. She gave on lease the aforesaid land to Bhagirathi, respondent no. 2 herein by a registered deed dated 26th of October, 1953 on an yearly rent of Rs. 42 and the deed styled as vacant land "chalageni" was executed. According to the appellant, the land at the time of lease contained five standing coconut trees and respondent no. 2, hereinafter referred to as the tenant, was entitled to make improvement therein to an extent of only Rs. 5,000/-. It is the case of the appellant that in terms of the lease the tenant constructed a residential house on the demised property and continued to be in occupation of the same.