C HANUMANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two Writ Petitions arise out of the orders passed by the land Tribunal in LRF. ATC. 3373/75-76 dated 25. 5. 2001. The Writ petition 21925/01 is filed by the applicant who sought for grant of occupancy rights in respect of sy no. 33/2 of Hosakerehalli village, uttarahalli Hobli, Bangalore South, measuring 10 acres. The other writ Petition 22437/01 is filed by the legal representatives of the landlord Mr. Appaji.

(2.) THE Tribunal while disposing of the application, rejected grant of occupancy rights in respect of 7 acres of land in the above said sy. number which is the subject matter of challenge in the first Writ Petition. The grant of occupancy rights in favour of C. Hanumanthappa to an extent of 3 acres in the same sy. number is challenged in the 2nd Writ petition.

(3.) THERE is no dispute so far as Mr. Marulaiah purchasing the above said land in all measuring 10 acres. The dispute seems to be with regard to the occupancy of the land by Mr. C. Hanumanthappa as a tenant as on 1. 3. 1974 for filing application for grant of occupancy rights. The so called tenant C. Hanumantappa contends that he is entitled for grant of occupancy rights in respect of entire extent of 10 acres notwithstanding the fact that said land was converted to non-agricultural purpose in 1968 itself.