RAMACHANDRA DEVASTANAM SAWADA Vs. SUBBANNA SHETTY

JUDGEMENT

(1.) THIS revision is directed against the order dated 5-3-1990 passed in appeal No. 13 of 1989 on the file of the additional land reforms appellate authority, kundapur. In passing the said Order, the appellate authority had confirmed the order dated 28-1-1989 passed by the land tribunal, whereby it had corrected the claim of the respondent No. 1 in respect of sy. No. 375/4a in the place of the original claim in sy. No. 375/4d.

(2.) I heard the learned counsel for the revision petitioner Sri R. V. Jayaprakash and Sri S. R. Hegde Hudlamane for the respondent No. 1. I have also perused the records.

(3.) THE instant revision requires narration of necessary facts. They are in brief as hereunder: that the respondent 1 had filed form 7 under Section 48-a of the Land Reforms Act, henceforth in brief as the 'act', claiming occupancy right in respect of 71 cents in sy. No. 64-1, 80 cents in sy. No. 64-2, 90 cents in sy. No. 64-5, 35 cents in sy. No. 64-4 and 4 acres 54 cents in sy. No. 375-4d. That all the above lands belonged to the appellant temple and that in the first round of the tenancy proceedings, having been served with the notice by the land tribunal, the appellant-temple did not appear, for it is so borne on record of the land tribunal. That the land tribunal accordingly, granted the occupancy right in respect of all the above survey numbers by its considered order dated 15-1-1979.