GIRIJAMMA Vs. TRIBUNAL MANGALORE

JUDGEMENT

(1.) This matter arises under the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the Act) . The Land Tribunal, Mangalore, (respondent-1) on the application of the second respondent (M.Sundara), granted occupancy right under Sec. 48A of the Act in respect of 6 cents of land out of Town Sy No. 186 (Revenue Sy No.722) of Attavar village, Mangalore City, in his favour. The petitioner's husband Venkappayya is stated to be the owner of the land in question, in which there is a residential house, which is occupied by the second respondent. The total extent of Sy No. 186 is very much more than the land claimed by the second respondent.

(2.) The second respondent's application before the Land Tribunal filed on 12-8-1974 states that he is a tenant of land measuring 7 cents in Revenue Sy No.722 of Attavar village. The name of the petitioner was not shown in that application since her husband was dead. Notice was tanen to the petitioner and she appeared by her Power of Attorney one Madhusudan Rao.

(3.) The Tribunal ordered on 18.11 1975 that it would hold local inspection on 21.1.1976. On 30.1 1976, the Tribunal made the impugned order granting occupancy right over 6 cents of land in Revenue Sy.No. 722 corresponding to Town Sy.No. 186 of Attavar village. The said order states that the petitioner's Power of Attorney Madhusudan Rao had consented to the Tribunal granting occupancy right to the second respondent over an area of 6 cents excluding on coconut tree. The Tribunal has stated in its order that in the land in question there are two cocoanut trees, two jack plants and one Sitapal tree and that the Power of Attorney of the petitioner had expressed his consent to the conferment of the occupancy right excepting one cocoanut tree. The said order has been challenged in this writ petition on several grounds