V VIRUPAKSHAPPA Vs. DANGADI HANUMANTHAPPA

JUDGEMENT

(1.) This petition filed under Art.226 of the Constitution of India is directed against the order dt.21-1-1977 parsed by the Land Tribunal, Hospet, in case No.1401 of 1974-75, marked as Exhibit 'C' in the case.

(2.) The proceeding is still pending before the Tribunal. The order in question is an interim order.

(3.) The petitioner, Virupakshappa, and the first respondent, Dangadi Hanumanthappa, are rival claimants for occupancy rights over a piece of land measuring 2 acres 59 cents in Sy.No.116 of Amaravathi village, Hospet Taluk. Both have filed applications under Sec.48A of the Karnataka Land Reforms Act, 1961 (hereinafter called the Act) . Lingappa (Respt-2) Jambanna(Respt-3) and Nandappa (Respt-4) are admittedly the owners of the land in question. 3A. Each of the claimants sought for a temporary injunction in his favour alleging that the other rival claimant was trying to interfere with his peaceful possession of the land in question and that he be restrained from doing so. The Tribunal, after recording their statements and hearing all concerned, upheld by a majority the claim of Dangadi Hanumanthappa for an interim in junction and rejected that of Virupakshappa.