MANJULA CHELLUR, J.

( 1 ) THESE two Writ Petitions arise out of the orders passed by the land Tribunal in LRF. ATC. 3373/75-76 dated 25. 5. 2001. The Writ petition 21925/01 is filed by the applicant who sought for grant of occupancy rights in respect of sy no. 33/2 of Hosakerehalli village, uttarahalli Hobli, Bangalore South, measuring 10 acres. The other writ Petition 22437/01 is filed by the legal representatives of the landlord Mr. Appa.

( 2 ) THE Tribunal while disposing of the application, rejected grant of occupancy rights in respect of 7 acres of land in the above said sy. number which is the subject matter of challenge in the first Writ Petition. The grant of occupancy rights in favour of C. Hanumanthappa to an extent of 3 acres in the same sy. number is challenged in the 2nd Writ petition.

( 3 ) THERE is no dispute so far as Mr. Marulaiah purchasing the above said land in all measuring 10 acres. The dispute seems to be with regard to the occupancy of the land by Mr. C. Hanumanthappa as a tenant as on 1. 3. 1974 for filing application for grant of occupancy rights. The so called tenant C. Hanumantappa contends that he is entitled for grant of occupancy rights in respect of entire extent of 10 acres notwithstanding the fact that said land was converted to non- agricultural purpose in 1968 itself.

( 4 ) IT is relevant to mention certain facts which are necessary for the purpose of disposal of the above Writ Petitions: the erstwhile owner Mr. Marulaiah purchased this sy. no. 33/ 2 (old no. 33) situated at Hosakerehalli village, Bangalore measuring 10 acres in a public auction held by the Court during the year 1958. Mr. Marulaiah died on 14. 12. 1974. During the life time of Marulaiah, he sought for conversion of 7 acres of land out of 10 acres from agriculture to non-agriculture purpose,. e. locating dairy farm, poultry farm and agricultural industry. On 8. 7. 68, the Deputy Commissioner in accordance with Land Revenue Act of 1964, granted conversion of the 7 acres of land. Mr. Marulaiah died without commencing any industry etc. due to his ill health. According to the L. Rs. of the erstwhile landlord, since 1968 the land has become non-agricultural one, at least to an extent of 7 acres. One Mr. GV. Appaji is the son of late Marulaiah whose legal representatives are before the Court. He was the permanent resident of Shimoga and the petitioner C. Hanumanthappa is the owner of a land adjacent the disputed land. According to the landlord, taking undue advantage of his absence at the spot, said Hanumanthappa conveniently filed form 7 for grant of occupancy rights in respect of entire 10 acres. The Land Tribunal granted occupancy rights on 21. 9. 79 in favour of Hanumanthappa. W. P. 19783/80 came to be filed by the landlord questioning the order of the Tribunal. The matter was remanded back to Tribunal by the High Court setting aside grant of occupancy rights. Again on 20. 7. 82 Tribunal granted occupancy rights in favour of Mr. Hanumanthappa. It was challenged in LRA 3 8/ 89 before Land Reforms Appellate Authority. However, appeal was dismissed for non- prosecution. Meanwhile, appellate authority was abolished and the same came to be challenged in W. P. 14150/97. The same was allowed remitting the matter back to the Tribunal for fresh disposal in accordance with law on 15. 3. 1999. After recording further evidence, the Tribunal passed the impugned order on 25. 5. 2001 granting occupancy rights in favour of Mr. Hanumanthappa in respect of 3 acres rejecting the claim in respect of 7 acres. According to the tenant Hanumanthappa the reasons assigned by the Land Tribunal for rejecting grant of occupancy rights in respect of entire 10 acres on the ground that 7 acres was not an agricultural land as on 1. 3. 1974 is erroneous in view of the definition under S. 2 (A) (1) of the Land Reforms Act as the said conversion would not change the nature of land because poultry farming and dairy farming also fall within the definition of ag

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