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2001 Supreme(SC) 416

Karewwa – Appellant
Versus
Hussensab Khansaheb Wajantri – Respondent


ORDER

One Smt. Bhagavva was the owner of Survey Plot Nos. 629/1 & 629/2. On 20th of December, 1972 Smt. Bhagavva executed an agreement in favour of respondent No. 1 for sale of the aforesaid land for consideration of a sum of Rs. 11,500/-. The appellant alleged that the respondent came into possession upon the said land in pursuance of the said agreement. Subsequently the respondent filed a suit for specific performance of the agreement for sale of the land but the same was allowed to be withdrawn. On 1st of March, 1974 amended Karnataka Land Reforms Act came into force. In the year 1975, the 1st respondent herein filed an application in Form 7 before the land Tribunal for giving him occupancy rights in respect of the said land. The said application was rejected on 6th of October, 1985. Thereafter, Smt. Bhagavva filed a suit for recovery of possession of the said land, which was dismissed in default. It appears that after the respondent s application for grant of occupancy right was rejected by the Land Tribunal, he filed a writ petition before the High Court of Karanataka. The High Court despite delay, entertained the petition and set aside the order of the Land Tribunal and remand





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