VISHWANATH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present writ petition has been filed challenging the order of the Land Tribunal dtd. 19/7/2022 confirming occupancy rights in favour of the respondents who were tenants and had filed Form No.7 before the Tribunal.

(2.) The facts that are made out are that the properties in Sy. No.113/2B1 measuring 0.57 acre and Sy. No. 113/2D measuring 0.46 acre fell to the share of the petitioner in terms of the registered partition deed dtd. 30/9/1965; that there was a building constructed by the joint family of the petitioner which was occupied by the workmen of the joint family and it is in that capacity the claimant Late Narasimha Acharya was allowed to stay in the building. It is further stated that except such permissive right to reside and occupy the building, Late Narasimha Acharya did not possess any other rights.

(3.) It is further stated that Late Narasimha Acharya filed a declaration before the Land Tribunal on 31/12/1976 claiming an extent of 1 acre of land in Avarshe Village of Brahmavara Taluk, Udupi District. It is further stated that in the said Form No.7 filed under Sec. 48-A(1) of the Karnataka Land Reforms Act, 1961 (for short 'the Act') Late Narasimha Acharya had not mentioned the survey number of the property with respect to which tenancy rights were claimed nor had mentioned any measurement.