PROF G SHAINESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitioners claiming to be the legal representatives of the deceased Smt. Parameswariamma w/o Subbaraya Bhat, questioning the correctness of the impugned order dated 29th August 1979 passed by the first respondent-Land Tribunal, Sullia in proceeding No. LRY:2639:74-75 granting the occupancy right in favour of 3rd respondent in respect of the land in question, have presented this writ petition.

(2.) THE third respondent claiming to be the tenant in respect of the lands in question had filed Form No.VII for registration of occupancy rights before the first respondent-Land Tribunal-Sullia. THE first respondent-Land Tribunal, Sullia, after conducting enquiry and after following the due procedures as envisaged under the relevant provisions of the Land Reforms Act, and in the light of the oral and documentary evidence available on file, has registered the occupancy rights in favour of third respondent holding that, the request of the landowner for an adjournment has been considered and matter was adjourned and thereafter, the land owner was not present and therefore, on the basis of the materials available on record, it has passed the impugned order. Being aggrieved by the impugned order passed by the first respondent- Land Tribunal, Sullia, petitioners herein felt necessitated to present this writ petition.

(3.) I have heard learned Counsel appearing for petitioners, learned Government Pleader appearing for respondents-1 and 2 and learned counsel appearing for third respondent. Other respondents served and unrepresented.