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1977 Supreme(Kar) 238

GOVINDA BHAT, VENKATASWAMI
VENKATAPPA – Appellant
Versus
L. N. DATTATRI – Respondent


Advocates:
A.V.Albal, M.S.GOPALKRISHNA, V.C.BRAHMAIAYAPPA

GOVINDA BHAT, C. J.

( 1 ) THE appellant, Venkatappa made an application in Form No. 7 to the land Tribunal, Tarikere, on 26th December 1975 for grant of occupancy right in respect of 3 acres 12 guntas of agricultural land in S. No. 141 of hulsoor village, Lakkavalli Hobali, Tarikert Taluk. Respondent-1, dattatri is the holder of the said land. Though the said application was made after the expiry of the period of limitation prescribed under sub-sec (1) of Sec. 48a of the Karnataka Land Reforms Act 1961 (hereinafter called the Act), no cause was shown for condonation of delay in making the application.

( 2 ) THE Tribunal straightaway issued notice in Form No. 9. Parties and their witnesses were examined and the Tribunal by its order in lrt. 3/ 1975-76 allowed the application and granted occupancy right to the appellant. That order was challenged by respondent-1, before this court in WPNo. 1995 of 1977 in which Rule Nisi was issued. The appellant did not appear to contest. The matter came up for final disposal before Bhimiah, J. . who, by his order dated 9-8-1977 allowed the writ petition and quashed the order of the Tribunal. The reason given by the learned Judge for quashing the or












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