VEERABHADRAPPA GIRMALLAPPA Vs. LAND TRIBUNAL GOKAK

JUDGEMENT

(1.) The petitioners have challenged the validity of the order passed by the Land Tribunal, Gokak, rejecting their application for grant of occupancy rights in respect of certain lands in Sy. Nos. 120 1A and 198 1A of Hunshyal village.

(2.) In the proceedings before the Tribunal, respondent-2 landlord contested the claim of the petitioners, among other things, on two grounds; that he is the owner in possession of the lands having acquired the same under a, family partition deed and that the Tribunal could not grant occupancy rights in resp"ect of these lands because he being a person discharged from the army, his rights had been saved under S. 15 of the Karnataka Land Reforms Act, 1961.

(3.) The learned counsel for the petitioners submitted that the Tribunal's findings on the above two contentions set up by respondent-2, are wholly vitiated by lack of application of mind to the material on record, as well as to the provisions of S. 15 of the Act.