KITTANNA RAI Vs. SHEENA POOJARY

JUDGEMENT

(1.) THIS revision by the owner of the lands in question is directed against the order dated 28-10-1987 of the Land Tribunal, Bantwal made in case no. TNC:6137:74-75 and the order dated 7-10-1988 of the Land Reforms appellate Authority passed in appeal No. LRA:t : 332 of 1987 BTL granting occupancy rights with respect to the said lands in favour of the respondent 1-Sheena Poojary.

(2.) CERTAIN undisputed facts are that, respondent 1 filed his application in Form No. 7 under Section 48-A of the Karnataka Land Reforms act, 1961 (the 'act', for short) for grant of occupancy right in respect of 1 acre 30 cents in S. No. 130/3; 24 cents in Sy. No. 130/2; 70 cents in Sy. No. 130/3; and 15 cents in Sy. No. 130/4, all situated in Poonacha village of Bantwal Taluk, Dakshina Kannada District claiming to be the tenant thereof under petitioner and one Narayana Adyanthar. His case in his application was that he was tenant of 1 acre 30 cents in Sy. No. 130/3 under its owner Narayana Adyanthar, and that he was a tenant under the petitioner in respect of three other said items of the said lands which belonged to him (petitioner ). His further case in respect of 24 cents in sy. No. 130/2 was that he has constructed a dwelling house with a compound on this plot of land and had been living therein with his family and that it was a farm house.

(3.) ON service of notice from the Land Tribunal, petitioner appeared before it and contested respondent 1's claim to tenancy with respect to all items of the lands, except 1 acre 30 cents in Sy. No. 130/3. The case of the petitioner before the Land Tribunal was that the said 1 acre 30 cents in Sy. No. 130/3 belonged to his elder brother said Narayana Adyanthar, in which he had no interest. As regard the three other items of land mentioned in the application belong to the petitioner and that they have been in his exclusive possession and enjoyment all along in his own rights as owner thereof. Respondent's claim to tenancy with respect thereto was stoutly denied and contested by the petitioner.