PADMANAHBHAIAH Vs. RAMAYYA AITHALA

JUDGEMENT

(1.) These two intra court appeals have been filed assailing the order dtd. 22/2/2011 passed by the learned Single Judge of this Court in W.P.No.25075/1994, and therefore, they are heard together and disposed of by this common judgment.

(2.) Heard the learned Counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records for the purpose of disposal of these two appeals are, respondent no.2 herein is the owner of lands bearing Sy. No.45/2 measuring 19 cents and Sy. No.45/3 measuring 20.5 cents situated at Kollur village in Udupi District. Respondent no.1 herein who allegedly was a tenant in the building situated in a portion of the aforesaid lands and who was serving as a priest in a local temple of Lord Ganapathi had filed Form No.7 under the Karnataka Land Reforms Act, 1961 (for short, 'Act of 1961') claiming occupancy rights of the aforesaid lands.