RAGHUPATHI NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The landlord has filed this writ petition challenging the order of the Land Tribunal, by which, the tenant had been conferred occupancy rights.

(2.) The Land Tribunal, in the impugned order, has noticed that revenue entries were not made available as on 1/3/1974. It is, however, noticed that the name of the landlord Sri Raghupathi Naidu was found in the pahanis since 1975-76. The Land Tribunal took the view that the tenant was cultivating the land and was, therefore, entitled to be conferred with occupancy rights. The Tribunal has relied upon the statement of the tenant's uncle in the earlier round of litigation to come to the conclusion that the land was cultivated by the tenant and the Tribunal has placed reliance upon the evidence of the independent witnesses K.S.Rama Rao and Aswath, the owners of the adjacent land to come to the conclusion that Thammannappa was cultivating the land in question.

(3.) The Tribunal has observed that from the evidence elicited from the respondents themselves (landlord) and their witnesses, it was not denied that the tenant was not in possession of the land in question and he had harvested the crops and trees standing on the land.