CHANDRA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal is filed assailing the order dtd. 15/2/2013 passed by the learned Single Judge of this Court in W.P.No.48674/2011.

(2.) Heard the learned Senior Counsel appearing for the parties, the Additional Government Advocate for respondent nos.1 & 8 and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records which would be necessary for the purpose of disposal of this appeal are, land bearing Sy. No.31/1 (New No.53) of Ramanahalli village, Hesaraghatta Hobli, Bengaluru North Taluk, measuring 5 acres (hereinafter referred to as 'the land in dispute') was granted to one Sri Rajarathnam on 16/10/1946. Rajarathnam died on 1/9/1963 and he was survived by his seven children who inherited the land in dispute. After coming into force of the Act No.1 of 1974 with effect from 1/3/1974, the father of respondent nos.2 to 7 herein - late Sri Chandrappa had filed Form No.7 on 23/12/1974 under Sec. 45 of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') claiming occupancy rights of the land in dispute contending that he was the tenant in occupation and cultivation of the land in dispute for the last about 15 years.