LAXMI SHEDTHI Vs. UDUPI TALUK LAND TRIBUNAL

JUDGEMENT

(1.) This appeal was originally preferred by two land-holders-the first appellant Laxmi Shedthi is the mother and the second appellant the daughter. The first appellant is stated to have died during the pendency of the appeal leaving the second appellant as the sole member of her Kavaru.

(2.) The second respondent-Subraya Naik made an application to the Land Tribunal, Udupi taluk on 10-12-74 alleging that he is a tenant personally cultivating 75 cents in Sy. No.34/112 and 5 acres 70 cents in Sy.No. 126 of Yedthadi village, Udupi taluk in the Dist of S.Kanara, since three years prior to the date of the application. Upon receipt of notices of the application, the appellants represented themselves before the Tribunal through their Power of Attorney who is the husband of the second appellant. Both parties produced a number of documents. They also examined witnesses. The Tribunal held local inspection on 10-3-1976 and made an order on 27-5-1976 upholding the claim of the second respondent and conferring occupancy right on him. The said order was challenged by the appellants before this Court in WPNo.9389 of 1976. The matter came-up for preliminary hearing before Malimath, J, who rejected the petition on 20-10-1976. This appeal is directed against the said order.

(3.) The second respondent has remained unrepresented before us despite notice. We directed that the State be impleaded as party-third respondent and the learned Government Pleader was asked to take notice on behalf of the State. Sri Brahmarayappa, learned High Court Government Pleader appeared for the State. We heard Sri Viswanatha Shetty, learned Counsel for the surviving appellant and Sri Brahmarayappa for the State.