P. VISHWANATHA SHETTY, J.

( 1 ) IN this petition filed under Articles 226 and 227 of the Constitution of india, the petitioner-landowners have called in question the correctness of the order dated 23rd of July, 1993 passed by the Land Tribunal, hubli, granting occupancy right in respect of 3 acres 8 guntas of land in survey No. 155/1a (old No. 20/1a) situated at Gabbur Village, Hubli taluk, Dharwad District, in favour of the third respondent.

( 2 ) SRI Ashok Kalyan Shetty, learned Counsel for the petitioners, challenging the correctness of the order Annexure-F, made five submissions. Firstly, he submitted that since there is no claim made by the third respondent in respect of the land measuring 3 acres 8 guntas in Survey no. 155/1a (20/1a), the second respondent-Tribunal had no jurisdiction to grant occupancy right in respect of the said land in favour of the third respondent. Secondly, he submitted that the impugned order is vitiated on the ground that the Tribunal has failed to consider the documents dated 31st of July, 1966, 23rd of September, 1964 and 6th of February, 1967, copies of which have been produced as Annexures-C, D and E respectively, along with other oral evidence ad

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