GIRIYAPPA POOJARY Vs. KANTHAPPA POOJARI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 20-9-1988 passed by the Land Reforms Appellate Authority dismissing the appeal filed by the petitioner and confirming the order of the Land Tribunal, dated 11-3-1981 by which occupancy rights had been conferred jointly upon the petitioner and the deceased first respondent.

(2.) THE main grievance of the petitioner is that the tenancy right exclusively belongs to him and he alone should have been registered as occupant of the land. It is the case of the petitioner that the R. T. Cs, rent receipts, levy receipts and assessment receipts are all in his name. It is further claimed that the first respondent left the property and the petitioner alone was cultivating the land by paying the rent and he was the tenant in his individual capacity. Hence, the conferment of occupancy rights upon the first respondent is bad in law.

(3.) IT is not in dispute that the petitioner and first respondent were joint claimants before the Land Tribunal and accordingly occupancy rights had been granted in their names jointly. The order of the Land tribunal disclose that the Geni Chit stood in the name of Smt. Bhamu hengsu, the mother of the applicants and the first respondent. Rightly, the Tribunal granted occupancy rights in the joint names of petitioner and first respondent and the Appellate Authority was justified in dismissing the appeal preferred by the petitioner.