LAWS(KAR)-2013-7-31

RAGHUVEERA BALIGA Vs. STATE OF KARNATAKA

Decided On July 05, 2013
Raghuveera Baliga Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONERS in both these petition are the landlord and tenant respectively and they are before this Court against the order passed by the Land Tribunal, Belthangi on 17 -5 -2001 -Annexure -A. In respect of properties in Sy. Nos. 53/2, 27/3 and 27/9 application is said to have been filed by the tenant claiming occupancy rights.

(2.) ACCORDING to the petitioners -landlord, in respect of property in Sy. No.27/3 the claim of the tenant in From 7 is only for 2.06 acres but an attempt has been made to make it as 2.96 acres. Petitioner rather consented for the statements fairly to the extent of holding by the tenant. The alleged tenant is not cultivating the land and rather he is a Teacher by profession. Despite that, petitioner -landlord had consented for holding. However, the tenant contends that it is no 2.06 acres and it is 2.96 acres that is claimed.

(3.) IT is the submission of the Counsel representing the respondent -tenant that the extent claimed is 2.96 acres and not 2.06 acres. Nothing has been indicated in the sketch produced as to the extent of land rather the survey report given is handwritten and not on the spot as such, the survey sketch cannot be relied upon. Accordingly, it is contended that the tenant was cultivating the land in Sy. No.27/3 to the extent of 2.96 acres.