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2002 Supreme(Kar) 11

S.R.BANNURMATH
Y. V. SRINIVASA RAO – Appellant
Versus
ERANAIKA – Respondent


Advocates:
M.Shiva Prakash, PADUBIDARI RAGHAVENDRA RAO, V.BYACHAPPA

( 1 ) HEARD the learned counsel for the petitioner and counsel for contesting respondents 6, 7, 8 (a) and 10 (b) though the other contesting respondents 1, 2 (a) and 2 (b), 3 to 5, 9, 10 (a), 10 (d) and we) are served long back and have remained unrepresented.

( 2 ) THE petitioner in this petition has challenged the order of the land tribunal, yelandur taluk, dated 19-2-1989 granting occupancy rights to the contesting respondents 1 to 10 herein. It is not in dispute that the present petitioner-sri sridhar and the deceased petitioner-srinivasa rao who is the father of sridhar were the landlords of the lands in dispute and it is also not in dispute that these lands have been leased to respondents 1 to 10 almost 30 to 40 years back.

( 3 ) AFTER coming into force the Karnataka Land Reforms Act as amended by Karnataka act 1 of 1974 these respondents have filed an application in form 7 praying for grant of occupancy rights in respect of these lands leased to them. On issuance of notice by the land tribunal, the petitioners, both father and son appeared before the tribunal and contested the claim on the ground that both being soldiers serving in the Indian Air force and army respectively,














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