LAWS(KAR)-2011-12-140

B. RAMAYYA BHAT SINCE DECEASED BY HIS L.RS., B. KRISHNA BHAT, SINCE DECEASED BY PROPOSED L.RS. AND OTHERS Vs. STATE OF KARNATAKA, BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560001, THE LAND TRIBUN

Decided On December 02, 2011
B. Ramayya Bhat Since Deceased By His L.Rs., B. Krishna Bhat, Since Deceased By Proposed L.Rs. Appellant
V/S
State Of Karnataka, By Secretary To Government, Revenue Department, M.S. Building, Dr. Ambedkar Road, Bangalore -560001, The Land Tribun Respondents

JUDGEMENT

(1.) THIS Court is reluctantly remitting the matter to the Land Tribunal for fresh disposal for the following reasons;

(2.) MR . Bhat, learned Counsel appearing for the petitioners vehemently submits that there is divergent opinion amongst the members inasmuch as two of the members would record a finding that the respondent is not a tenant and two of the members would record that he is a tenant. Indeed, the Chairman has exercised his casting vote in favor of the members who have accepted the application. He further submits that the impugned order is not a speaking order and most of the documents have been misread.

(3.) I have perused the petition papers as well as the records.