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2004 Supreme(SC) 663

BRIJESH KUMAR, ARUN KUMAR
Dattatreya – Appellant
Versus
Mahaveer – Respondent


JUDGMENT

Brijesh Kumar, J.-The dispute in the present appeal relates to Sy.No. 1033/1 + 2 situate in Belgaum belonging to the temple Shri Chandramouleshwara Dev of Belgaum which is a registered public trust. The respondents in this appeal claimed occupancy tenancy rights under the provisions of Section 45 of the Karnataka Land Reforms Act, 1961 by moving an application dated 23.8.1974. The aforesaid claim of the respondents was considered by the Land Tribunal, Belgaum and by order dated 3.7.1979 it declared the respondents as tenants and granted occupancy tenancy rights under Section 45 of the Karnataka Land Reforms Act (for short the Act ) with effect from 1.3.1974. While passing the aforesaid order, the Tribunal made a reference to the relevant records and the statements of the parties and it also noted the fact that the tenancy of the respondents, who were applicants, was admitted by Madhukar Adhyapak, one of the appellants in this appeal. The relevant date for accrual of rights of occupancy tenancy is 1.3.1974, on which date the Tribunal came to the conclusion, on the basis of the evidence on the record, that the respondents were in possession over the land in dispute as tenant























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