SEENA SEREGARA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This appeal is against the order of the Learned Single Judge dated 7-11-1978 in Writ Petition No. 8338/76. The material facts may briefly be stated as follows :

(2.) Land bearing Sy. No. 23 situate in Kone Hosur Village in Shimoga Taluk was granted to Respondent 2 Devappa under Rule 43(D)(2) of the Mysore Land Revenue Rules as amended in the year 1960 (hereinafter referred to as the Rules), by the Special Deputy Commissioner of Shimoga District, on the ground that he is a displaced person. The total extent of the land granted measures 12 acres out of which 8 acres is wet land and 4 acres is dry land. The grant made in favour of Devappa is subject to the statutory conditions prescribed by Rule 43(G) of the Rules. In pursuance of the order made by the Special Deputy Commissioner granting the land, a saguvali chit was issued in favour of Devappa on 22-6-1963. It is not disputed that in pursuance of the order of grant and the saguvali chit, Devappa was actually put in possession of the land.

(3.) The appellant Seena Seregara made an application before the Land Tribunal, Shimoga, for grant of occupancy rights in respect of the aforementioned land Sy. No. 23 alleging that he is the tenant of the land since several years under Devappa. The Land Tribunal made an order in favour of the appellant on 3-7-1976 granting occupancy rights in respect of half portion of Sy. No. 23, under section 45 of the Karnataka Land Reforms Act, 1961, (hereinafter referred to as the Act). Devappa challenged the said order of the Land Tribunal in Writ Petition No. 8338/76. The Learned Single Judge by his order dated 7-11-1978 allowed the Writ Petition and quashed the order of the Land Tribunal. Consequently, the application of the appellant stood rejected. It is the said order of the Learned Single Judge that is challenged by the appellant in this appeal.