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2003 Supreme(Kar) 216

N.K.JAIN, V.G.SABHAHIT
HANUMANTHAIAH – Appellant
Versus
LAND TRIBUNAL – Respondent


Advocates:
B.T.PARTHASARATHI, C.SHANKARA REDDY, S.CHANNARAYA REDDY, SANNEGOWDA, Satish M.Doddamani, SUBRAMANYA THIPPARAJU

JAIN, CJ, J.

( 1 ) THIS appeal is directed against the order dated 16. 9. 1998 passed in W. P. No. 14513/1992, wherein the learned Single Judge has allowed the Writ Petition and set aside the order dated 5. 4. 1988 passed by the Land Tribunal, Bangalore North Taluk, Bangalore, in lrf. No. 1027/74-75, granting occupancy rights in respect of 23 guntas of land in favour of Hanumanthaiah, whose L. Rs. were impleaded as Respondents 2 (a) to 2 (c) in the Writ Petition.

( 2 ) THE brief necessary facts as stated are, that certain service inam lands in Sy. No. 19/1, measuring 3 acres 01 guntas, Sy. No. 34, measuring 29 guntas and Sy. No. 19/4, m easuring 1 acre 5 guntas and Sy. No. 19/3, measuring 1 acre 26 guntas of T. Dasarahalli Village, Yeshwanthapura hobli, Bangalore North Taluk, were attached to the Shanbhogi Office of T. Dasarahalli Village. The said lands were auctioned by the Tahsildar under panchasalgutta and the rents were collected, which were deposited in the treasury for the benefit of the holder of the office. The term of the lease period of the lands expired on 19. 6. 1962, and thereafter also the appellant continued to be in possession of the said lands. After coming into fo












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