LAWS(KAR)-2011-11-378

V RANGAPPA S/O SRI CHIKKAVENKATARAMANAPPA Vs. THE ASSISTANT COMMISSIONER, RAMANAGARAM SUB DIVISION RAMANAGARAM BANGALORE RURAL DISTRICT, SMT JAYAMMA D/O LATE KENCHATHIMMAIAH @ KENCHAGAPPA

Decided On November 09, 2011
V Rangappa S/O Sri Chikkavenkataramanappa Appellant
V/S
Assistant Commissioner, Ramanagaram Sub Division Ramanagaram Bangalore Rural District, Smt Jayamma D/O Late Kenchathimmaiah @ Kenchagappa Respondents

JUDGEMENT

(1.) ACCORDING to the petitioner, his father was cultivating the land in question as a tenant under the landlord one Kanchethimmiah @ Kenchagappa for more than 3 decades. After the death of the petitioner's father, petitioner continued the tenancy and he is in possession. The petitioner's father could not make an application in Form No. 7 for grant of occupancy rights. But, however, after introduction of Section 77 -A of the Karnataka Land Reforms Act, an application is made by the petitioner in Form No. 7 -A of the Act for grant of land. The case of the petitioner is that the landlord has admitted the tenancy. In the circumstances, both the competent authority as well as the Tribunal were not justified in rejecting the application,

(2.) SRI N.S. Bhat, learned Counsel appearing for petitioner submits that the very statement made by the landlord discloses that the petitioner is in occupation.

(3.) HAVING said so, I am of the view that the question of interfering with the concurrent finding does not arise. Petition stands rejected.