SUBHASH CHANDRA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The petitioners in both these petitions are assailing the same order dated 06.01.2004 passed in Case No. KLR/Kelageri/SR/35 by the Land Tribunal, Dharwad. The petitioners in W.P.No.2260/2004 are assailing the said order to the extent wherein a part of their claim for occupancy right is rejected. The petitioner in W.P.No.26143/2005 on the other hand is assailing the same order where under a part of the claim has been considered and occupancy right is granted in favour of the petitioners in W.P.No.2260/2004.

(2.) Since the array of parties is different in these petitions, the petitioners in W.P.No.2260/ 2004 would be referred to as the 'tenants' while the petitioner in W.P.No.26143/2005 will be referred to as the 'landlord' for the purpose of convenience and clarity.

(3.) The tenants filed the Form No. 7 claiming occupancy rights under the provisions of the Karnataka Land Reforms Act, 1961, ('the Act' for short) in respect of the property bearing Block No. 269, measuring 14 acres 36 guntas and Block No. 281 measuring 37 acres 02 guntas situate at Kelageri village, Dharwad. The Land Tribunal on considering the same by its order dated 23.04.1977 had granted the occupancy right in favour of the tenants. The landlord had questioned the same in W.P.No.36039/1982. This Court by the order dated 17.10.1985 had set aside the order and remanded for fresh consideration. On reconsideration, the Land Tribunal by the order dated 06.04.1993 had once again granted the occupancy right in favour of the tenants. The said order was again questioned before this Court in W.P.No.4935/1995. This Court by the order dated 31.07.1998 had set aside the order and remanded the matter for fresh consideration.