PUNDALIK KAMATH Vs. PERIYASWAMY

JUDGEMENT

(1.) THE petitioner in this petition claims to be the owner of land bearing sy. No, 144/1c measuring 24 cents situated in Bala Village, Mangalore taluk, Dakshina Kannada District.

(2.) IN this revision petition filed under Section 12-A of the Karnataka land Reforms Act (hereinafter referred to as 'the Act'), the petitioner has called in question the correctness of the order dated 3rd December, 1988 made in No. LRA (H) 212:87 MAS by the Land Reforms Appellate authority (hereinafter referred to as 'the Appellate uthority'), registering respondents 1 and 2 in respect of dwelling-houses situated in the said land along with the appurtenant land as its owner.

(3.) A few facts which may be relevant for the disposal of this petition may be stated as follows: the respondents 1 and 2 on coming into force of Section 38 of the Act by means of Act No. 1 of 1979 filed Form No. 2-A seeking to register them as owners of the dwelling-houses occupied by them along with the appurtenant land. The application filed by the respondents 1 and 2 came to be rejected by the Mangalore Taluk Land Tribunal (hereinafter referred to as 'the Tribunal') by its Order dated 2nd June, 1987 on the ground that respondents 1 and 2 were not agricultural labourers. Aggrieved by the said order, the respondents 1 and 2 had preferred an appeal before the Appellate Authority. During the course of the proceedings before the Appellate Authority, the parties were permitted to lead additional evidence.