M BASAVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE appeals filed under Section 4 of the Karnataka High Court act are directed against the order dated 6. 12. 2000 passed by the learned Single Judge in Writ Petition Nos. 20764 and 9972/1993, wherein the learned Single Judge had dismissed the Writ Petitions filed by the appellants thereby confirmed the order of the Land tribunal wherein occupancy rights in respect of lands in S. Nos. 52, 53 and 67 of Mangalawarapet, Channapatna Taluk, had been granted in favour of R-3 herein, challenging the legality and validity of the order of the learned Single Judge. *writ Appeal Nos. 1015, 1016 and 4841 to 4852/2001 dated 7th April 2003

(2.) WE have heard the arguments of both sides.

(3.) SRI T. R. Subbanna, learned Senior Counsel for the appellants, strenuously contended that the material on record clearly shows that the order of the learned Single Judge in Writ Petitions is illegal and invalid. The learned Single Judge had not appreciated the facts in issue in the right perspective. The material on record clearly shows that there has been ample evidence placed on record by the appellants to show that they have been the tenants in respect of the extents mentioned in the order of the Land Tribunal passed on an earlier occasion. The learned Single Judge had also not considered the applications filed by the appellants seeking permission to lead additional evidence, in the proper perpective. The material on record also shows that no full and fair opportunity had been afforded to the appellants to substantiate their contentions before the Land Tribunal and the same has led the appellants for filing applications for additional evidence. The learned Counsel has relied upon an unreported decision rendered by this Court on 6. 1. 1998 in W. P. No. 17880/1991, and prayed for allowing the appeals and for remanding the case to the Land Tribunal for fresh enquiry and to afford fair opportunity to the appellants to lead any additional evidence as proposed in I. A. Nos. 1 and 2.