SASALU THIMMAKKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the impugned orders at annexure-d, dated 3-12-1981 passed by the land tribunal rejecting the claim of the petitioner for grant of occupancy rights in sy. No. 32/2 of mudugere thimmayyana palya village on various grounds.

(2.) I have perused the impugned Order and prima facie satisfied that the same is unsustainable in law. The tribunal rejected the application of the petitioner without conducting any enquiry holding that the land in question was mortgaged to dodda rangayya and the name of the petitioner does not appear in the record of rights immediately prior to 1-3-1974. The conclusions have been arrived at by the tribunal only by perusing the records. The impugned Order is also not a speaking order. Hence, the impugned Order is wholly unsustainable.

(3.) FURTHER, from the records it is seen that the parties have filed a compromise petition under Order 23, rule 3 of the CPC in c. p. No. 10205 of 19,91. No Order has been passed on that compromise petition.