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1987 Supreme(Kar) 209

P.K.SHYAMSUNDAR
RAMA SHETTY – Appellant
Versus
DALAPATHY SHETTY – Respondent


Advocates:
Kadidal Manjappa, M.SHIVA PRASAD

SHYAMSUNDAR, J.

( 1 ) THIS second appeal is by the plaintiff who filed a suit seeking a declaration that he is the owner of 1 acre 27 guntas of land, of which the defendant was an occupant as held by the Special Deputy commissioner and given that status in proceedings adopted under the inams Abolition Act, in which there was a contest, before the karnataka Revenue Appellate tribunal between the parties, culminating finally in an order made by this Court in W. P. Nos. 539 and 606/1973 on 6-2-1970, under a considered order made by his lordship Mr. Justice Jagannath shetty, as he then was, rejecting both the writ petitions as bereft of any substance.

( 2 ) IT would be useful to extract some parts of the order made by his Lordship relating to this"on the question of regularity of the procedure adopted by the Deputy Commissioner, I may state, that rightly or wrongly the petitioner was represented in the enquiry by his elder brother. His elder brother was examined by the tahsildar. He made a statement which was accepted by the deputy Commissioner. That was the basis for granting occupancy rights to the petitioner and his brother. I have perused the contentions urged in the appeals before


















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