K A SUBBA RAO Vs. BALARAME GOWDA

JUDGEMENT

(1.) THIS appeal is filed by the landlord assailing the judgment of the learned Single Judge remanding the case to the Land Tribunal.

(2.) THE facts of the case are that the respondents 1 and 2 filed Form 7 for grant of occupancy rights in respect of the disputed lands. The Land tribunal after conducting enquiry granted occupancy certificate. Then writ Petition Nos. 1481 and 1482 of 1983 were filed. This Court set aside the order and remanded the matter to the Tribunal. After remand, the Land Tribunal after holding the enquiry passed an order which is challenged in the writ petition. The learned Single Judge again remanded the matter. That order is challenged in the appeal.

(3.) LEARNED Counsel for the appellant firstly contended that the respondent-tenants are not in possession of the lands on 1-3-1974 and there is no iota of evidence to show that they were tenants of the lands under him. He mortgaged the lands and thereafter he filed a suit in original Suit No. 181 of 1952-53 and also Execution Case in Original suit No. 187 of 1961 on the file of the Munsiffs Court, K. R. Nagar. After contest, decree for possession was granted and possession was delivered back to him as per Annexure-E. Therefore, the Land Tribunal erred in granting the Certificate.