SHANKARANARAYANA UDUPA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This petition is directed against the order passed by the Land Tribunal Thirthahalli, in LRF (7) AGR SKP 19/74-75, produced as Exhibit-E in the writ petition, granting the occupancy right in favour of the 2nd respondent in respect of the land bearing Survey No. 143 of Shankarapura village measuring 5 acres 3 guntas.

(2.) The case of the petitioner is that the land in question originally belonged to one Venkatagiriappa and the second respondent was cultivating the same as tenant. On 1-6-1965, the 2nd respondent purchased the said land under a registered sale deed from the said Venkatagiriappa for Rs.1,500/- and in turn he sold the same in favour of Shantalaxamamma, the wife of the petitioner, for Rs.3,000/- on the same day under a registered sale deed and that from that date the wife of the petitioner was in possession of the land till her death which took place in the year 1967 and after her death, the petitioner and his son have been in possession of the land in question and have been cultivating the same personally act the name of the son of the petitioner has been shown in the cultivator's column in the record of rights. According to the case of the 2nd respondent he did not purchase the land in question from the said Venkatagiriappa and the petitioner himself directly purchased ho said land from Venkatagiriappa and Ihe 2nd respondent was cultivating the land in question Personally as a tenant as before irrespective of the sale effected by Venkatagiriappa in favour of the petitioner.

(3.) The petitioner, in support of his case, produced the extract of the record of rights from the year 1965-66 onwards and also produced the grain vouchers for having delivered the levy paddy and has also examined 6 witnesses in support of his case. The second respondent also examinee 5 witnesses in support of his case and produced the sale deeds.