RATNAPPA SHIVAPPA UPPIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 and 227 of the Constitution of India with a prayer to quash the order dated 30.07.1981 made in No.LR.AGK. 34:153:153A:125 by respondent No.2- Tribunal vide Annexure-D.

(2.) Brief facts of the case are, petitioner is the tenant of land bearing R.S.No.120/1+2B measuring 2 acres (hereinafter referred to as 'the land in dispute'). Respondent No.3 who is the brother of the petitioner is the landlord of the land in dispute. Petitioner alleges that he has been in actual possession and cultivation of the land in dispute ever since the year 1956 and he has been paying the rent every year to respondent No.3. The name of the petitioner is entered in the revenue records of the land in dispute in the cultivators column from the year 1964-65 to 1968-69.

(3.) In the year 1969, respondent No.4 clandestinely managed to get his name entered in the revenue records with the help of village accountant and this was challenged by the petitioner before the Assistant Commissioner and the Assistant Commissioner by his order dated 09.11.1973 vide Annexure-B set aside the entries made in the name of respondent No.4 and ordered to enter the name of the petitioner in the record of rights of the land in dispute.