JAHIRODIN Vs. LAND TRIBUNAL

JUDGEMENT

(1.) The owner of the land bearing survey No.108/1, measuring 11 guntas situate in Amanikere village of Srinivaspur Taluk, is the petitioner. He has filed this writ petition under Art, 226(1) (b) and (c) ot the Constitution to quash the order dated 10-11-1976 (Ext. 'B') made by the 1st respondent-Land Tribunal, Srinivaspur, granting occupancy right in favour of the 2nd, respondent Bakshi Baig in respect of the land in question by issue of a writ of certiorari or any other appropriate writ or order.

(2.) Sri C.B.Srinivasan, learned advocate appearing for the petitioner has raised two contentions in support of the petition. Firstly he contended that the grant of occupancy right in favour of the 2nd respondent is bad in law, because the 2nd respondent claims himself to bq entitled to be registered as an occupancy on the ground that his father Mohamed Beig is the tenant of the land in question. Secondly he contended that the petitioner was not given proper opportunity, as the Tribunal did not hold the enquiry in accordance with law.

(3.) Sri N. Raghupathy, learned advocate appearing for the 2nd respondent, maintained that Mohammed Beig, father of the 2nd respondent, is a tenant in respect of the land in question, that he is too old and the land in question is being cultivated by the 2nd respondent along with his father and as such, there is no prohibition in law for grant of occupancy right in favour of the 2nd respondent. He has also maintained that the Tribunal held a proper enquiry before passing the impugned order.