VANAJAKSHI Vs. LAND TRIBUNAL UDUPI

JUDGEMENT

(1.) This is an appeal from the order of Kudoor, J.; in WP. No. 10262 of 1976. The appellant and respondent-2 herein were respondent-2 and the petitioner res. pectively in the writ petition.

(2.) In the writ petition, the petitioner had impugned the order of the Laad Tribunal dismissing his application under 48A of the Karnataka Land Re. forms Act, 1961 (hereinafter referred to as the Act). The Tribunal held that the land in respect of which he had sought for occupancy right, was not an agricultural land as defined in sub-sect. (10 of S. 2 of the Act. The learned single Judge quashed the order of the Tribunal and directed it to hold a fresh enquiry into the petitioner's claim, according to law.

(3.) The dispute relates to the premises consisting of 50 cents of land and a house therein situate within the municipal limits of Udupi town. In that land there is another building which was'formerly occupied by a School and is now occupied by the office of the N.C.C. In that land there are about 80 trees like coconut, areca and other fruit yielding trees. There is also a well with an electric pump, a pump house and a cement storage tank. The petitioner is a clerk in a private firm. The rent for the premises is Rs. 25 per month and the tenancy is a monthly one.