LINGAYYA SHETTY Vs. COONDAPUR TALUK LAND TRIBUNAL

JUDGEMENT

(1.) This Writ Petition is by the land-holders against the order of the Land Tribunal, Coondapur Taluk, dt. 25.5.1976 restraining the petitioners herein from interfering with the alleged possession of the second respondent in respect of 2 acres of land in Survey No.246/6, 60 cents of land in survey No.246/5 and 1 acre 20 cents of land in Survey No.246/1 of Byndoor village of Coondapur Taluk in the District of South Kanara.

(2.) The second repondent Venka Naika made an applcation under S.48-A of the Karnataka Land Reforms Act (hereinafter called 'the Act') for grant of occupancy right in respect of 50 cents of land in Survey No.240. 57 cents of land in Survey No.24616 and 30 cents of land in Survey No.241/20 of the said Byndoor village. Survey Nos.246/1 and 246/5 in respect of which injunction was applied for and granted, were not the subject-matter of the application for grant of occupancy u|S.48-A of the Act, So far as Survey No.246/6 is concerned, the second respondent had claimed occupancy only in respect of 57 cents, while injunction has been granted in respect of a larger area of two acres. Apparently, the extent of 57 cents in Survey No, 246/6 claimed by the second respondent, is a portion of a survey sub-division. The boundaries of the said sub-division have not been demarcated and specified either in the application for grant of occupancy or in the affidavit filed in support of the relief of injunction.

(3.) The power to grant temporary iniunction and to appoint Receivers is conferred on the Land Tribunal under Section 48-C of the Act. Sub-Section (1) of Section 48-C reads thus :