N S HANGAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Six claims in all were made by various tenants seeking different extent of lands against the common landlord. By the common order, some of the claims were allowed and some were rejected.

(2.) Sy.No.122 and 127 of Nagenahalli, Hospet taluk were owned by Smt. Moola Gowramma. She died on 06.10.1998. The petitioner is her daughter. She had executed a will bequeathing the properties in favour of the petitioner. That the tenants had filed an application seeking grant of occupancy rights in Sy.No.122A and 127C. All the applications were clubbed together and a common order was passed on 30.06.1979 granting occupancy rights to all the tenants. The petitioner challenged the same in Writ Petition No.10006 of 1980 which was allowed and the matter was remanded for a fresh consideration. After remand, the Tribunal has passed the present order. Hence, each one of the cases would be taken up separately.

(3.) In Writ Petition No.33075 of 2004 with reference to Land Tribunal case No.1191:BhuSu:74-75. The tenant herein namely the father of respondent No.3 filed form No.7 seeking grant of occupancy rights in Sy.No.122 to an extent of 1 acre. Reliance was placed on Exs.A1, A2, and A3 which are lease deeds executed by the land owner in favour of the tenant. For the said survey number, reliance was also placed on Form No.11 filed by the landlord wherein it is stated that so far as this survey number is concerned, an extent of 1 acre has been tenanted to him since the year 1963-64 and tenancy has continued even as on the date of filing of Form No.7 in the year 1975.