DOOJA KOTIAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner assailing the legality and validity of the impugned order dated 28. 3. 1981 passed by the Land Tribunal in so far as it relates to grant of occupancy rights in favour of the 3rd respondent in respect of land in Sy. No. 17/108 measuring 0. 85 acres of kallamudkur village of Karkala Taluk D. K.

(2.) THE grievance of the petitioner is that, his father has purchased the land in question under a registered sale deed dated 15. 9. 1961 from its original vendor. In pursuance of the said sale deed, his father?s name was entered in the RTC for the agricultural years 1968-69 to 1979-80. Be that as it may. The 3rd respondent- late Smt. Loku Hengsu had filed Form No. 7 for grant of occupancy rights in respect of the land in question on 9. 8. 1974 and the same was registered. The Land Tribunal after hearing the parties and considering both oral and documentary evidence has granted occupancy rights in respect of the land in question along with other several items in favour of the 3rd respondent-Loku Hengsu by its order dated 28. 3. 2001. Feeling aggrieved by the order of the tribunal, in so far as it relates to Sy. No. 17/108 measuring 0. 85 acres, the petitioner has presented this Writ Petition.

(3.) HEARD the learned Counsel for the petitioner and the learned government Advocate for R1 and 2 and the learned Counsel for lrs of R3.