VILAS ALIAS GUNDU ANANTHACHARYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a revision by the appellants (appellants in No. R.A.L.R. 1078/86) against the order dated 27-1-1987 passed by the Land Reforms Appellate Authority, Belgaum, in No. R.A.L.R. 1078/1986 dismissing the same.

(2.) The parties have been referred to with reference to their position in the Appellate Authority.

(3.) Appellant-1 is the elder brother's son of appellant-2. Appellant-3 is the younger brother of appellant-2. S.No. 20/1 measuring 5 acres assessed at Rs. 6-13-0 and S.No. 154/1B measuring 6 acres 4 guntas assessed at Rs. 12-8-0 situate in Devarasheegihalli village of Bailhongal taluk, belong to the appellants. Respondents-3 and 4 who are the brothers, claim that these lands had been leased to their father more than 20 to 50 years back and that their father was in possession and cultivation of these lands till his death and that ever since the death of their father, they are in possession and cultivation of these lands upto date. So claiming, they filed applications in Form No. 7 under Section 45 of the Karnataka Land Reforms Act for conferment of occupancy rights. The Tribunal conferred occupancy rights on respondents-3 and 4 in respect of both the lands. The appellants being aggrieved by the said order, had approached this Court with Writ Petition No. 10223 of 1983. This Court quashed the order passed by the Tribunal and remitted the matter to the Tribunal for fresh consideration. The order passed by the single Judge in Writ Petition No. 10223 of 1983 was challenged in Writ Appeal No. 527 of 1983. This Court by the Order dated 22-7-1986 set aside the order passed by the Single Judge and transferred it to the Appellate Authority, Belgaum, for disposal according to law as per the amended provisions of the Land Reforms Act.