P MANJUNATH SHENOY Vs. VISHALAKSHI PAI

JUDGEMENT

(1.) this writ petition is preferred by the petitioner challenging the order passed by the land tribunal rejecting the form No. 7 filed by him.

(2.) I have heard the learned counsel for the petitioner, the learned counsel for respondent l(a) and also the learned government pleader and perused the records of the case.

(3.) the case of the petitioner is that he is a chalageni tenant of the land in question which is survey No. 92/1a and that respondent 1 is the mulageni tenant and from respondent 1 he has taken the lease rights and has become the chalageni tenant. He filed form No. 7. As his form No. 7 was rejected by the tribunal on earlier occasion, he preferred writ petition No. 113335 of 1979 and this court holding that the order challenged in this case was not preceded by a proper enquiry, set aside the order and remanded the case to the tribunal for disposal of the applications of the petitioner and respondent 1 after holding common enquiry. In that Order, this court had also held that it was open to respondent 1 to raise the preliminary issue before the tribunal that the land is not an agricultural land within the meaning of Section 2(a)(18) of the K.L.R. Act.