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1999 Supreme(SC) 93

S.P.BHARUCHA, S.RAJENDRA BABU
Mohan Balaku Patil – Appellant
Versus
Krishonji Bhaurao Hundre – Respondent


Judgment

Rajendra Babu, J.-The appellants before us made a claim for registra­tion of occupancy rights under Section 45 of the Karnataka Land Re­forms Act, 1961 (hereinafter referred to as ‘the Act’) before the Land Tribunal in a proceeding initiated under Section 48-A of the Act. The Tribunal by an order made on April 24, 1981 upheld the claim made by the appellants. The appellants and the respondent laid evidence. The Tribunal noticed that the mother of the appellants stated that the land in dispute was being cultivated by her husband, Balku Patil, over 30 to 35 years as a tenant and now it is in her possession and she was paying a rental of 6 bags of paddy and Rs. 50/-. The respondent de­posed that he has purchased the property in dispute for a considera­tion of Rs. 4,000/- and he has been in possession of the land in question and has paid the land revenue thereof. The Tribunal, in order to ascertain as to who was in possession on the date on which the Act came into force, i.e., March 1, 1974 made a spot enquiry on March 28, 1981. It was found that land was being cultivated by growing chilly, sugarcane, potato etc. which were standing on the land and on local enquiry it was also






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