SUBHAKAR Vs. HARIDEESH KUMAR

JUDGEMENT

(1.) Appellants call in question legality of the judgment rendered by a Division Bench of the Karnataka High Court dismissing the writ appeal filed by the appellants.

(2.) Background facts in a nutshell are as follows : The appellants claim to be Chalgeni tenants and claim grant of occupancy rights under the Karnataka Land Reforms Act, 1961 (in short the Act). According to them late Sesu Poojary, the father of the appellants filed an application in Form No. 7 before the Land Tribunal, Karkala (for short the Tribunal). The claim was in respect of Survey No. 162/1 measuring 2 acres 11 cents and Survey No. 176/2 measuring 8 cents in Gandhinagar, Marpady village Moodabedri, Karkala Taluk of Dakshina Kannada District.

(3.) Respondent Harideesh Kumar claimed to be the owner of the land on the basis of a gift-deed from his grandfather. Originally, the Tribunal granted occupancy rights to the appellants father by an order dated 25-4-1981. The said order was challenged in Writ Petition No. 10910/84 before the Karnataka High Court and the High Court allowed the writ petition and remanded the matter to the Tribunal. After remand by order dated 18-12-1996 rendered by a majority Tribunal rejected the claim in respect of 1.81 acres of land and granted 0.30 acres on humanitarian grounds. The appellants as well as the respondent-Harideesh Kumar filed writ petitions challenging the order passed by the Tribunal. Learned Single Judge dismissed the writ petition filed by the appellants and allowed the writ petition filed by the respondent-Harideesh Kumar by a common order. Appellants filed two writ appeals.