JUDGMENT :

Rastogi, J.

1. The instant appeal is directed against the judgment dated 15th September, 2008 passed by the High Court of Karnataka at Bangalore affirming the finding recorded by the Land Tribunal, Anekal, in conferring occupancy rights in respect of the land bearing Sy. No. 184 to an extent of 10 acres 34 guntas and Survey No. 17 to an extent of 1 acre 12 guntas of Halasahalli Village, Anekal Taluk, in favour of the first respondent.

2. Brief facts relevant for the purpose of this appeal are that first respondent had filed an application in Form No. 7 on 3rd December, 1974 under Rule 19(1) of Karnataka Land Reforms Rules requesting for registration of occupancy rights in his favour under Section 45(A) of the Karnataka Land Reforms Act, 1961(hereinafter referred to as the “Act 1961”).

3. The case of the first respondent was that lands measuring Sy. No. 184, measuring 10 acres and 34 guntas and Sy. No. 17, measuring 01 acre 12 guntas both situated at Halasahally, Thippasandra Village were vested with the Government as on 1st March, 1974 in terms of Section 44 of the Act, 1961 and he being the tenant in respect of the aforesaid lands was entitled to be registered as an occupan