LALITHA POOJARTHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in this joint writ action have brought in question the order of the 2nd respondent -Land Tribunal, Karkala, Udupi District, vide Annexure -A, dated 26 -12 -2012 rejecting their claim of tenancy pursued by the 1st petitioner -Lalitha Poojari legal heir of Narang Poojari, the applicant for grant of occupancy right. In response to notice regarding Rule, Sri Chandrakanth Ariga has represented the 3rd respondent -Rajashri Ballal who is the contesting respondent. The State is represented by learned Additional Government Advocate, Mr. Venkatesh Dodderi.

(2.) HEARD learned Counsel on both sides, perused records in supplementation thereto from which the following factual matrix manifests needing reference:

(3.) HE gains citational support to his contention relying on the decision of the Apex Court in the case of Ram and Another v. State of Karnataka and Others : 2005(2) Kar. L.J. 363 (SC) : ILR 2004 Kar. 5173 (SC) : (2004)7 SCC 796, to contend, petitioners had produced records regarding payment of levy which presupposes there was cultivation of crop by Narang Poojari and in proof of it, they had produced the extract of levy payment register indicating various sub -survey numbers of tenancy. He submits, that evidence was a clincher to prove tenancy and dispelled all doubts created by the landlord setting up lack of tenancy.