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2002 Supreme(Kar) 752

M.F.SALDANHA, K.RAMANNA
Mahalinga Madiwala, since deceased by LR – Appellant
Versus
Padmanabha Khadilkar since deceased by L. Rs. – Respondent


Advocates:
Advocate Appeared:
Mr. K. Giridhar
Mr. A. Keshava Bhat, Tajuddin, High Court Government Pleader

JUDGMENT

M.F. Saldanha, J.--The Appellant before us has assailed the correctness of the order passed by the learned Single Judge on 25th September, 2000 in W.P. No. 31979 of 1994.

2. Briefly stated, what had happened was that the present Appellant, had filed Form No. 7 claiming occupancy rights in respect of four pieces of land located in Kalmanje village one of which was Sy. No. 515 ad measuring 4.32 acres. We clarify that as far as this Survey number is concerned that it was a separate application from the other three lands though it does not make any difference because the tribunal ultimately granted occupancy rights in respect of all the four lands through a common order. As sometimes happens, the claim is conceded and in this case it appears that the land owner did not resist the grant of occupancy rights in respect of the other survey numbers but the letter filed by him indicates that by implication he had not accorded his consent to Sy. No. 515 because he has referred to this in the application which was numbered as 5/d75-78 and stated clearly that other than the lands to which he has granted consent no other lands were leased to the Appellant. By implication therefore, there












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