HOOVACHARI Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) THOUGH this matter is in the third round of litigation before this court, the real issue has been missed both by the Land Tribunal and by this Court in the earlier rounds. What was essentially a family dispute has been taken before the land tribunal for claiming occupancy rights by misuse and abuse of the provisions of the Kamataka Land reforms Act, 1961 (for short'the Act' ).

(2.) THE properties some of which were agricultural lands located in Godachikonda Village, Hirekerur Taluk, Haveri District were originally owned by Sannabasappa who had three sons, Kalappa-the applicant, Banappa and Bandappa his elder brothers. Kalappa choose to file an application in Form-7 before the land tribunal impleading the children of his two deceased elder brothers claiming occupancy rights in respect of the family lands.

(3.) IT was such an application filed in Form-7 which the Land tribunal considered in the first round and passed an order on 23-12-1978 conferring occupancy rights in favour of the applicant in respect of four survey numbers and rejected the claim in respect of sy. No. 168/2b measuring 4 acres and Sy. No. 86/3 measuring 25 guntas.