GURUPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner challenges the common order passed by the Land Tribunal, Bangalore in LRF No. 3589/75-76 and 4060/76. The petitioner and the third respondent are the rival claimants in respect of the land measuring 1 acre 1 gunta in Sy.No.39/2 of Vittasandra Village, Bagur Hobli, Bangalore South Taluk. The third respondent is represented by his LRs. The Land Tribunal by the order dated 31.3.1997 rejected the case of the petitioner and occupancy right has been conferred on respondent No.3.

(2.) The third respondent filed application for conferment of occupancy right in Form No. 7 on 29.1.1976 in respect of Sy.No.39/2 which was registered as LRP No.3589/75-76. The petitioner also made application on 17.6.1976, which was registered in LRF No.4060/76. On an earlier occasion, the Tribunal conferred occupancy rights in favour of respondent No.3 and the same was challenged before this Court in W P No. 10715/76 which came to be disposed of on 25/7/1983. This Court while disposing of the said writ petition set aside the impugned order and remanded the matter for fresh disposal considering both the cases jointly. Thereafter the present order has been passed by the Land Tribunal, which is impugned herein.

(3.) The petitioner submits that he was the tenant in respect of the land in question, he was paying 'vara' to Sri Venkatagiriyappa during his life-time and thereafter to his son Sri V. Krishnamurthy. He has been issued receipts for having accepted the 'vara'. The RTC was also standing in the name of father of the petitioner and the same has been produced at Annexure-A. The name of father of the petitioner has been shown in column No.l2(2) since 1968-69 till 1980-81. Copy of the Form No.7 has been produced at Annexure-B and the order passed by the Land Tribunal in favour of the third respondent has been produced at Annexure-D.