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1980 Supreme(Kar) 11

P.P.BOPANNA, CHANDRA SEKHARA SASTRY
PUTTEGOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent


EOPANNA, J.

( 1 ) THIS is a tenant's appeal from the order of Swami, J. , allowing the writ petition filed by the landlords who are respondents 3 and 4 herein and quashing the order of the Land tribunal, Hunsur, which had granted him occupancy rights in 2 acres of wet land in Sy. No. 298, Hussainpura Nala village, Hunsur Taluk.

( 2 ) THE relevant facts briefly stated are these; The appellant was the tenant of the land aforesaid since the time of the landlords' father, Siddappa, after the Karnataka Land Reforms act, 1961 (in short, 'the Act') came into force, he filed an application under s. 48a of the Act for grant of occupancy rights in that land. In his application (produced as Ex-C with the writ petition), he had clained tenancy of that land over a period of 25 years.

( 3 ) IN the statement of objections before the Land Tribunal, respondents 3 and 4 contended, inter alia, that the appellant was not the tenant of that land in view of his surrender thereof in accordance with the provisions of s. 25 of the Act, as it stood in the year 1969, that in terms of the order of the land Tribunal dated! 22-12-1969 (produced as. Ex B with the writ petition) made under that section, the appel








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