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2006 Supreme(Kar) 536

RAM MOHAN REDDY
MALLAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared
Sri Mahesh Wodeyar, Advocate for Petitioners;
Sri Ramesh B. Anneppannavar, Government Advocate for Respondents-l and 2
Sri G. Shannthappa, Advocate for Respondent

ORDER

The petitioners' father by name Basavanneppa Kabanur and the father of respondent 3 are said to be brothers. Father of respondent 3 filed a declaration in Form 7 -Annexure-A under Section 48-A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act'), for being registered as an occupant of land measuring 2 acres in Sy. No. 42/3 of Kalkatte Village, Shiggaon Taluk, Haveri District, being a member of the joint family consisting of himself and his brother Basavanneppa Kalappa Kabanur. During the pendency of the proceeding, before the Land Tribunal the declarant died and his son, the respondent 3, herein, the legal representative, was brought on record. The father of the petitioners, by way of abundant caution, filed a representation dated 8-10-1997, Annexure-D, requesting the Land Tribunal to consider the grant of occupancy rights jointly in favour of the declarant as well as himself. It is alleged that the Land Tribunal without reference to either the statement made in column (8) of the declaration-Annexure-A or the representation Annexure-D passed the order impugned granting occupancy rights in favour of the legal representative of the deceased Fakirappa Kabanur, the fathe














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