DAMODHAR SHENOY Vs. LAND TRIBUNAL, UDUPI

JUDGEMENT

(1.) La. No. 1 of 2008 filed for production of additional documents is allowed. Petitioner has sought to quash the order passed by the Karnataka Appellate Tribunal in Appeal No. 1673 of 2003 at Annexure-D and for such other orders.

(2.) According to the petitioner, the property in Sy. No. 127/18B measuring 18 cents situate at Peradur Village of Udupi Taluk belongs to the 2nd respondent-Anantha Padmanabha Temple. The ancestors of the petitioner were chalgeni tenants from the original tenant Bogra Bandari. In this regard, the 2nd respondent has also filed a suit against the petitioner for recovery of arrears of rent and also for possession, which came to be compromised on the condition that petitioner shall pay the annual rent of Rs. 8.8 to the 2nd respondent-Temple and accordingly, he was paying the rentals. Subsequently, petitioner filed Form 7-A under the Karnataka Land Reforms Act, 1961 seeking grant of occupancy rights in respect of the land in question. The Assistant Commissioner, having entertained the application, has granted occupancy rights on 29-8-2001 in favour of the petitioner as per Annexure-C, against which, the appeal filed before the Karnataka Appellate Tribunal by the 2nd respondent was allowed and the order of the Assistant Commissioner was set aside, against which, this petition is filed.

(3.) Heard.