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2007 Supreme(Kar) 813

MANJULA CHELLUR, A.S.PACHHAPURE
DAVALSAB – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared
Sri Umesh R. Malimath, Advocate for Appellant;
Sri Mohd. Shafiullah, Additional Government Advocate for Respondents-l and 2;
Sri Ravi V. Hosamani, Advocate for Caveator-Respondents- 4 to 16.

JUDGMENT (Mrs. Manjula Chellur, J.)

The appellant herein has claimed tenancy rights in respect of R.S. No. 1384/3 known as 'Hallikeri Dari Gudi Rola' as a tenant. It is not in dispute that Mr. Husensab, father of the present appellant initially filed Form 7 on 14-8-1974 in respect of Sy. Nos. 1075 and 1077. Again on 21-12-1976, he filed Form 7 for the second time in respect of the land in dispute i.e., R.S. No. 1384/3. On 26-12-1977, occupancy rights were granted by the Land Tribunal, Navalgund in respect of this land. The same was questioned in Writ Petition No. 2307 of 1978. The writ petition was allowed and the matter was remanded back to consider the reasons if any given for filing delayed Form 7 i.e., the second application. On 19-6-1981, the Tribunal rejected the application holding that he was not a tenant of the said land. Again Writ Petition No. 17298 of 1981 came to be filed by the tenant and the writ petition was allowed quashing the orders dated 19-6-1981. The matter was remanded back to the Tribunal.

2. On 12-12-1984, deceased Husensab and the legal representatives in question entered into compromise admitting the tenancy of the land in question. On 29-12-1991 occupancy





























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