BABASAHEB Vs. ABDUL SAB MULLA

JUDGEMENT

(1.) This revision petition under Sec. 121-A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') has been filed challenging the order dtd. 24/5/1989 passed by the Land Reforms Appellate Authority, Dharward (hereinafter referred to as 'the Appellate Authority') in LRA No.783/1986, wherein the order dtd. 30/10/1980 passed by respondent no.3-Land Tribunal granting occupancy rights of the lands in dispute in favour of the petitioners has been set aside and granted in favour of respondents 1 and 2 herein.

(2.) Brief facts of the case that would be relevant for the purpose of disposal of this revision petition are, the petitioners and respondents 1 and 2 had filed Form-1 under Sec. 11 of the Karnataka Certain Inams Abolition Act, 1977 (for short, 'Act of 1977), for grant of occupancy rights in respect of the lands bearing R.S.No.137/3A and R.S.No.14/4A4B. The petitioners in their Form-1 filed on 5/12/1978 had claimed occupancy rights in respect of land bearing R.S.No.137/3A measuring 1 acre 8 guntas and R.S.No.14/4A4B measuring 3 acres 32 guntas, while respondents 1 and 2 in their Form-1 filed on 24/11/1978 had claimed occupancy rights in respect of land bearing R.S.No.137/3A measuring 24 guntas and R.S.No.14/4A4B measuring 1 acre 36 guntas.

(3.) Respondent no.3-Land Tribunal clubbed these two applications filed by the rival claimants and after holding an inquiry had granted occupancy rights in favour of the petitioners herein as claimed in their Form-1 and rejected the claim of respondents 1 and 2 vide order 30/10/1980. The said order was questioned by respondents 1 and 2 herein before this Court in W.P.No.9197/1984 and after establishment of the Appellate Authority, vide order dtd. 30/7/1986, the writ petition was transferred to the Appellate Authority and numbered as LRA No.783/1986.