MADAIAH Vs. SHIVAKALESHWARA TEMPLE

JUDGEMENT

(1.) PETITIONER, questioning the legality and validity of the order dated 31st October, 1989 on the file of the Additional Land Reforms Appellate Authority, Bangalore in No. ALRA. 5/88, allowing and setting aside the order passed by Land Tribunal, Kanakapura Taluk, Kanakapura, dated 17th February, 1987 in proceeding Nos. INM. 40, 41, 42, 43 and 44/1984-85, has presented the instant revision petition.

(2.) THE instant revision petition is filed only insofar as it relates to setting aside the grant made in favour of petitioner in respect of Sy. No. 17 measuring 5 acres registered by the Land Tribunal, kanakapura Taluk, Kanakapura by its order dated 17th February, 1987.

(3.) THE petitioner claiming to be tenant, had filed Form 7 for registration of occupancy rights in respect of Sy. No. 17 measuring 5 acres 6 guntas, situate at Madivala Village. The said application had come up for consideration before the Land Tribunal, Kanakapura Taluk, kanakapura along with applications filed by other claimants on 17th February, 1987 and the land Tribunal, Kanakapura Taluk, Kanakapura registered the occupancy rights in favour of petitioner in respect of an extent of 5 acres in Sy. No. 17 of Madivala Village and rejected the claim made by other claimants. Being aggrieved by the said order passed by Land Tribunal, kanakapura, dated 17th February, 1987, the fourth respondent herein filed the appeal on the file of the Additional Land Reforms Appellate Authority, Bangalore (hereinafter called the "appellate Authority") and the same was numbered as ALRA. 5/88. The said appeal had come up for consideration before the Appellate Authority on 31st October, 1989. The Appellate authority, after considering the material available on file and after appreciation of the oral and documentary evidence available on file, has allowed the appeal in part and set aside the order passed by Land Tribunal, Kanakapura Taluk, Kanakapura only insofar as it related to grant of occupancy rights in respect of 5 acres in Sy. No. 17 of Madivala Village in favour of petitioner herein and rejected the claim of the appellant therein - fourth respondent herein. Being aggrieved by the said order dated 31st October, 1989 passed by Appellate Authority, petitioner herein, felt necessitated to present the instant revision petition.