SUBHASH L KURDEKAR Vs. TAHSILDAR KARWAR

JUDGEMENT

(1.) THIS writ petition is filed against the order made by the tahsildar purportedly under Section 130 of the Karnataka Land Reforms Act (hereinafter referred to as the 'act') directing the eviction of the petitioner from house in which he is admittedly residing. By the order Annexure-D , the tahsildar directed the eviction of the petitioner from the land in survey nos. 181/a/4b and 181/a2 of kodibag village the case that was sought to be made out by the second respondent who was the petitioner before the tahsildar was that the petitioner herein was in unauthorised occupation of the house and that he was liable to be evicted by the exercise of the power under Section 130 of the act.

(2.) THE petitioner resisted the claim on the ground that the house no. 2130 is not a farm house and is part of the 14 guntas originally owned by shantharam govinda palekar; that he was residing in the house for the last 70 years on a rental of Rs. 6 per annum; that he was sought to be evicted by the landlord by making a petition to the munsiff, karwar, uttara kannada in hrc No. 7 of 1981; that the second respondent herein only sought conferment of occupancy rights in respect of 6 guntas of land each in the two survey numbers referred to above and that he is not liable to be evicted under Section 130 of the act.

(3.) THE tahsildar found that the second respondent as well as the petitioner made applications under sections 48-a and 38 of the act respectively in respect of 6 guntas and 6 annas of land in survey nos. 181/a4 and 181/a2; 2 guntas and 8 annas of the same land on which the house in question is situated. It is admitted that the petitioner's appliction under Section 38 of the act was rejected by the land tribunal and the petitioner is concluded by that order.