LAWS(KAR)-2012-4-47

NARPATH GOLECHA Vs. ASSISTANT COMMISSONER

Decided On April 12, 2012
Narpath Golecha Appellant
V/S
Assistant Commissoner Respondents

JUDGEMENT

(1.) The name of Sri. Naveed Ahmed, learned Counsel be shown for respondent 2 in place of L. Mallesh. Petitioners herein are the purchasers of portion of the property in Sy. No. 221 measuring 39 guntas of Doddigunte Village, Kasaba Hobli, Bangalore North Taluk by way of sites, after conversion of the said land by their erstwhile landlord one M. Gujjarappa. However, the Land Tribunal, by the impugned order dated 7-2-2006 in No. LRF 673/74-75, has granted occupancy rights in favour of 2nd respondent one M. Ramu accepting him as tenant in respect of the land in question. Hence, these petitions.

(2.) The Land Tribunal has opined that Form 7 has been filed by the applicant in the year 1975 and on verification, it is found that from 1966 to 1975-76, the applicant was in possession of the land in question as a tenant and thereafter, the tenancy has been terminated. Further, also on the basis of the admission on the part of the original landlord Gujjarappa that in a portion of the property the applicant was residing, the Land Tribunal has come to the conclusion to grant occupancy rights in favour of the applicant.

(3.) Heard.