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2008 Supreme(SC) 229

TARUN CHATTERJEE, AFTAB ALAM
Jagadeesh – Appellant
Versus
State of Karnataka – Respondent


judgment

Tarun Chattarjee, J. –

1.In our view, although the High Court had set aside the concurrent findings of fact arrived at by the Tribunals below under the Karnataka Land Reforms Act, 1974 (in short ‘the Act’) in the exercise of its revisional jurisdiction under Section 121A of the Act, even then, this is not a fit case where this Court, in the exercise of its power under Article 136 of the Constitution would interfere with such an order of the High Court.

2.The appellants in this appeal, claiming to be the tenants of agricultural land, bearing Survey No. 125/1, measuring 3 acres 11 Gunthas (hereinafter called as the “scheduled land”) situated in Lingabahalli Village, Madhugiri Taluk in the State of Karnataka, filed Form No.7 before the Land Tribunal praying for a declaration that they had acquired occupancy rights in respect of the scheduled land. They alleged that they were cultivating the scheduled land from 1968 till the notified date under the Act on Wara basis giving 1/3rd of the share in the foodgrains to respondent No.4. Accordingly, the appellants prayed for an order of occupancy right in respect of the scheduled land alleging that they and their father were cultivating






















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