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2004 Supreme(Kar) 460

S.ABDUL NAZEER
POOVAPPA BANGERA – Appellant
Versus
LAND TRIBUNAL – Respondent


Advocates:
A.V.Gangadharappa, K.M.NATARAJ, P.Karunakara, RATNA N.SHIVAYOGIMATH

( 1 ) THE petitioners have called in question the ordered passed by the land Tribunal, Belthangady, in No. LRY/15/74-75 DATED 14. 1. 2004 (annexure-A) whereby the land tribunal rejected the application field by the father of the petitioners seeking grant of occupancy right in respect of the land in question.

( 2 ) IT is the case of the petitioners that their father late Babu Poojari had taken the schedule lands on lease from the mother of the respondents No. 8 and 9 for cultivation and on the basis of the said lease, he was cultivating the lands as on 1. 3. 1974. After his death, the petitioners are in possession and enjoyment of the said land. It is contended that respondents No. 2 to 7 were the original owners of the schedule lands. They had mortgaged the lands in favor Smt. Anthamma the mother of respondents No. 8and9. Smt. nthamma had given the schedule lands on lease in favour of Babu Poojari, the father of the petitioners. Babu Poojari field application in Form No. 7 for grant of occupancy rights. The land tribunal granted occupancy rights in favour of Babu poojari by the order dated 15. 6. 1976. The father of the respondent No. 2 to7 field an appeal before the land reforms a


























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