LAWS(KAR)-1999-9-58

ANANDA Vs. LAND TRIBUNAL VIRAJPET KODAGU DISTRICT

Decided On September 28, 1999
ANANDA Appellant
V/S
LAND TRIBUNAL, VIRAJPET, KODAGU DISTRICT Respondents

JUDGEMENT

(1.) THE petitioner has filed this revision petition challenging the order passed by the erstwhile Land Reforms Appellate Authority, Kodagu, madikeri in Nos. 42 and 49 of 1987-88, dated 11-1-1988 by setting aside the order passed by the Land Tribunal dated 5-11-1977 in Case No. LRM/42/74-75 by dismissing Appeal No. 42 filed by the petitioner and allowing the appeal filed by the deceased-second respondent and the third respondent, urging various legal contentions.

(2.) THE necessary brief facts are stated as here under for the purpose of considering the rival contentions urged by the parties in this revision petition. The petitioner filed Form No. 7 dated 10-7-1974 under Section 48-A of the Karnataka Land Reforms Act, 1961 (in short, the Act') claiming occupancy rights in respect of the lands bearing Sy. No. 70, measuring 4. 5 acres, Sy. No. 72 measuring 1. 91 acres in Ambatti Village contending that he was a tenant since eight years as on the date of filing of the application. It is the further case of the petitioner that, on 29-9-1975 he filed another Form No. 7 in respect of 3. 00 acres in Sy. No. 71, measuring 4. 09 acres, Sy. No. 69 measuring 5. 63 acres, Sy. No. 75 measuring 2. 78 acres of Ambatti Village claiming that he is in possession as tenant of the same since eight years. The Land Tribunal-the first respondent herein after recording the statements of the parties and their witnesses by its order dated 11-11-1976 conferred occupancy rights in favour of the applicant in respect of Sy. No. 70 of 4. 50 acres and Sy. No. 72 of 1. 91 acres together with the land on which he has his residential house and the grazing lands. Respondents 2 and 3 filed writ petition before this court in W. P. No. 6289 of 1976 challenging the said order of the Tribunal. This Court quashed the order of the Tribunal by its order dated 15-12-1976 and remitted back the matter to the Tribunal for fresh consideration.

(3.) THE Tribunal after conducting enquiry, again granted occupancy rights vide its order dated 5-11-1977 in favour of the petitioner. That order came to be challenged by the second and third respondents in W. P. No. 12406 of 1977 connected with W. P. No. 12407 of 1977 before this court. This Court passed an order on 8-8-1979 holding that the proceedings before the Tribunal were unsatisfactory. Therefore, the order passed by the Tribunal was held to be vitiated. Against that order, the writ appeal was filed by the petitioner in W. A. Nos. 1301 and 1302 of 1979. In the meanwhile, due to the amendment to the Karnataka Land reforms Act, 1961, the Division Bench of this Court set aside the order of the learned Single Judge and the writ petitions were transferred to the erstwhile Land Reforms Appellate Authority, Kodagu. The Appellate authority, after considering the matter has passed the impugned order dated 11-1-1988 as referred to above.