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2006 Supreme(Kar) 396

V.JAGANNATHAN
RAVINDRA – Appellant
Versus
LAND TRIBUNAL, ATHANI, BELGAUM DISTRICT – Respondent


Advocates appeared
Sri G. Balakrishna Shastry, Advocate for Petitioners;
Smt. A.R Sharadamba, Government Advocate for Respondents-l and 2;
Sri B.S. Kamate, Advocate for Respondent-3.

ORDER

Heard the learned Counsel for the parties.

2. The petitioners' grievance is that the Land Tribunal, by its impugned order dated 9-10-2001, ought not to have granted occupancy rights in favour of respondent 3 in respect of the subject lands situated in Kagawada Village in RS. Nos. 10, 70, 71 and 66, measuring 5 acres 37 guntas, 5 acres 36 guntas, 14 acres 34 guntas and 9 acres 27 guntas of land respectively. The main ground urged before me by the learned Counsel for the petitioners Sri Balakrishna Shastry is that the Tribunal has granted occupancy rights in favour of respondent 3 mainly on the basis of the entries found in Diary Nos. 6613 and 6614 and since those entries have not been cancelled by any of the authorities, it is presumed that, as on 1-3-1974, respondent 3 was in occupation of the subject lands. It is the submission of the learned Counsel that the petitioners have challenged the very entries mainly on the ground that the signatures found in the above said entries were forged and in this connection, an application was also filed before the learned Munsiff and the opinion of the expert was also obtained and the opinion rendered by the Forensic Science Laboratory as






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