SRI K VITTAL SHETTIGARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE occupancy rights over ten cents of land together with a dwelling unit bearing Sy. No. 128/6b1 in Derebail of Mangalore, belonging to the petitioner was conferred on the respondents 3 to 5, the children of deceased Nagamma, the applicant in form No. 7, under Section 48a (1) of the Karnataka Land Reforms Act, 1961, for short the Act, by order dated 16. 11. 2002, Annexure 'a' of the Land Tribunal, Mangalore. Hence this petition.

(2.) THE petitioner contends that the deceased Nagamma, his maternal aunt, was permitted to stay in the dwelling house purchased by him under a deed of conveyance registered on 24. 8. 1972, as document No. 764/72-73, in the office of the Sub-Registrar Mangalore, since the petitioner, an employee of the Karnataka Regional Engineering College was provided with a staff quarters for residence. According to the petitioner the property conveyed in the Sale Deed was described as a house site with a dwelling house, well and land appurtenant thereto, together measuring 10 cents, it is the allegation of the petitioner that there was no relationship of landlord and tenant as between himself and the deceased Nagamma, and that the premises was not an agricultural land. It is the further allegation of the petitioner that the Land Tribunal without considering the dominant characteristics of the premises in question, nor a cumulative effect of all factors, fell in error in recording findings and arrived at conclusions, that the premises was agricultural lands which was lawfully tenanted on the appointed date in favour of the applicant.

(3.) THE petition is not opposed by filing statement of objections of respondents 3 to 5.