SURESH PRABHU Vs. LAND TRIBUNAL KARKALA

JUDGEMENT

(1.) THE petitioner is aggrieved by rejection of his cliam for grant of occupancy rights by the Land Tribunal to an extent of 0-20 cents in Sy. No. 61/1c of Marpady village in Karkala Taluk. At the time of spot inspection conducted on 17-12-1982 the Land Tribunal found that in the said 0-20 cents there is a hut, a said portion is in possession of 3rd respondent Smt. Pommakka. Hence, the Land Tribunal rightly not granted occupancy right in favour of petitioner.

(2.) LEARNED counsel for the petitioner submits that though in the lease deed the extent is mentioned as 1 acre 80 cents, the petitioner is in possession of 2-00 acres. The submission cannot be accepted in the light of the factual situation found at the time of spot inspection. The spot inspection report belies the statement of the learned counsel.

(3.) ANOTHER submission made by the learned counsel for the petitioner is, the 3rd respondent has not filed Form-24 but she has filed Form. 7 and since the same cannot be considered, occupancy rights should be granted to the entire extent in favour of the petitioner. When the petitioner was not found to be in possession of 0-20 cents and that the 3ed respondent was found to be in possession of the same, petitioner cannot seek grant of occupancy right in respect of the said 0-20 guntas also. In the circumstances, the order passed by the Land Tribunal is perfectly valid and cannot be interfered with by this Court.