UPENDRA NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel representing the parties.

(2.) The petitioner has questioned the order vide Annexure- 'C' dated 10.6.1981 passed by the Land Tribunal, Udupi. According to the petitioner, he is the owner of the land bearing Survey No.4.1A, measuring 0.59 cents, which is a punja land and also in Survey No.7-15D, measuring 0.39 centra in Shivalli village, Udupi Taluk. Originally, the land belongs to one Rangappa Nayak, by whom the petitioner purchased the lands through a registered Sale Deed dated 15.3.1979. The 3rd respondent viz., Kogga Naik filed Form No.7 claiming occupancy rights in respect of Survey No.329/3, measuring 78 cents, by showing the name of the vendor of the petitioner i.e., Rangappa Nayak as owner of the land. The Land Tribunal granted occupancy rights to the 3rd respondent. When petitioner came to know about issuance of Form No.10 in favour of 3rd respondent, he filed the present petition.

(3.) The learned counsel for the contesting respondents submit that the land claimed by the predecessor of the respondents was not included in the Sale Deed executed in favour of petitioner and as such, he was not made as a party before the Land Tribunal. Further, the Sale Deed is dated 15.3.1979, the land vests with the government as on 1.3.1974 and the Land Tribunal has granted occupancy rights in favour of the applicant only after spot inspection and as such, there is no error or illegality in the order passed by the Land Tribunal.