SANNEGOWDA Vs. L T PERIYAPATNA

JUDGEMENT

(1.) By consent of learned Counsel, this appeal is treated as having been posted for hearing and we have heard them.

(2.) This appeal is from the order of Bhimiah J., dismissing WP. No. 10438 of 1980. The petitioner therein has presented this appeal and for the sake of convenience, the parties will hereinafter be referred to according to their respective positions in the writ petition.

(3.) The petitioner had made an application under S. 48-A (1) of the Karna- taka Land Reforms Act, 1961, (hereinafter referred to as the Act) before the Land Tribunal, Periyapatna, (hereinafter referred to as the Tribunal), for grant of occupancy right in respect of the land bearing S. No. 295-A in Navilooru village Periyapatna Taluk, In that application he had shown the names of both respondents 3 and 4 as his landlords and notices had been issued to them on that footing. When the Tribunal went for spot inspection, Basappa, son of respondent-4, appeared before the Tribunal and made a statement that the petitioner was merely an encroacher of an area of 2 acres in the land belonging to his (Basappa's) father and that no lease had been granted in favour of the petitioner. Neither before nor after such spot inspection, the petitioner was given an opportunity to substantiate his claim in his application. However, the Tribunal relied solely on the statement of respondent-4's son and made an order dismissing the petitioner's application holding, inter alia, that he was not a tenant, but an encroacher of the disputed land, and that hence the question of granting him occupancy right did not arise.