LAWS(KAR)-2011-12-409

M SRIDHAR S/O MH MUNIKAPPA Vs. THE LAND TRIBUNAL AND COMPETENT AUTHORITY CHIKKABALLAPUR SUB DIVISION CHIKKABALLAPUR TALUK AND DISTRICT AND MR. THIMMAIAH S/O LATE THALAVARI THIMMAIAH

Decided On December 02, 2011
M Sridhar S/O Mh Munikappa Appellant
V/S
Land Tribunal And Competent Authority Chikkaballapur Sub Division Chikkaballapur Taluk And District And Mr. Thimmaiah S/O Late Thalavari Thimmaiah Respondents

JUDGEMENT

(1.) THE only ground urged by the learned Counsel for petitioner is that the appellant before the Appellate Tribunal died on 29.10.2009 and the impugned order was passed on 27.1.2010. Hence, the order can not be sustained in as much as it is passed against a dead person.

(2.) THE learned Counsel for petitioner further submits that the material on record discloses that the petitioner was cultivating the land as a tenant as on the date when he made an application,

(3.) THE respondent claims to be in possession and he is having revenue records. According to him, the petitioner is neither a tenant nor having any right over the property in question. The competent authority, however granted the land in favor of petitioner which was the subject matter of an appeal before the Tribunal.