SIQBATHULLA KHAN Vs. LAND TRIBUNAL KANAKAPURA

JUDGEMENT

(1.) HEARD Mr. Subbanna, learned senior counsel for the petitioner, Mr. Jagannath, learned additional government Advocate and Mr. Gopal hegde, learned counsel for the respondent 2.

(2.) THE petitioner had questioned the validity of the Order dated 25-11-1986 passed by the land tribunal, kanakapura, under Section 48-a of the Karnataka land reforms act, 1961 (in short 'the act') before the district land reforms appellate authority, bangalore district. The said appeal before the appellate authority was registered as alra 341 of 1987 but pursuant to the abolition of the said authority by Section 6 of the Karnataka land reforms (Amendment) ACT 1990 and as provided under Section 17 thereof, on application having been made before this court being c. p. No. 218 of 1993 and the same has been allowed by the Order dated 9-1-1992 the appeal has been treated as writ petition.

(3.) BY the impugned Order, occupancy rights claimed by the petitioner in respect of the land measuring 1 acre 2 guntas in sy. No. 7/1a of maraluvadi village, kanakapura taluk, was rejected on the ground that the petitioner had been put in possession of the land in question by virtue of mortgage deed dated 10-6-1958 executed by the 2nd respondent, since deceased, by his legal heir.