K G NARASIMHA SETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a land-holder's writ petition under Art.226 of the Constitution of India seeking for t'he issue of a writ of certiorari quashing the order passed by the Land Tribunal, Tumkur, granting occupancy rights infavour of respondent-3 in Sy.Nos.20, 21, 22 and 23 of Tumkur Kasaba village.

(2.) The 3rd respondent filed an application in form No.7 claiming to be the tenant of the lands for nearly 35 years.

(3.) The petitioners challenged the claim of the 3rd respondent on the ground that the 3rd respondent was not the tenant of the lands in dispute , and the lands were not agricultural lands as they were alienated for non-agricultural purposes as per Ex.'B' dated 22-9-1966. Further they contended that the pahani entries are in their names and that there was no pahani entry in favour of the 3rd respondent. Their case is that the lands were converted lands for industrial purposes. The 3rd respondent was kept as a watchman of these lands. They were selling the usufructs of some mango trees and were receiving the proceeds. They were also getting the lands cultivated personally after the lands were purchased by the family members. The Land Tribunal held enquiry, examined the 4th petitioner and the 3rd respondent in the course of the enquiry. The members of the Land Tribunal held a spot irspection and examined the Eajudars in the course of the spot inspection. Upon consideration of the cral evidence the Land Tribunal has reached the conclusion that the en ries are not correctly made and rel'ed upon the oral evidence adduced in the proceedings and granted occupancy rights in-favour of the 3rd respondent.