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2018 Supreme(Kar) 1096

KRISHNA S.DIXIT
Yallappa S/o. Basappa Koppad – Appellant
Versus
Tahasildar, Saudatti, Dist. Belagavi – Respondent


Advocates Appeared:
For the Appellant : Sri. S.L. Matti, Adv.
For the Respondent: Sri. Ravi Hosamani, AGA.

JUDGMENT :

This Appeal is directed against the Judgment and Decree dated 24.10.2017 entered by the learned Senior Civil Judge, Saudatti in R.A.No.42/2016 whereby the Judgment and Decree dated 30.10.2015 passed by the learned Addl. Civil Judge, Saudatti have been reversed and suit of the Appellant has been dismissed.

2. Brief facts stated are :

(a) The land bearing survey No.298 of Ugargol Village measuring 06 acres 09 guntas was acquired by the Land Acquisition Officer for the purpose of Malaprabha project, Saudatti for storing the soil which was dug out from the canal. The acquisition was in the year 1972. The owner i.e. the land loser has been paid the compensation.

(b) The Appellant-Plaintiff gained entry to this land way back in 1980s and gradually occupied a portion of 03 acres leaving the remaining land for the use of the Government. The plaintiff has been cultivating the land and that he has improved it also in due course by investing money and toil continuously and that the land is thus rendered tillable.

(c) Under the schemes of Government for the grant of lands to the unauthorized occupants, the plaintiff has submitted an application to the first Respondent-Tahashildar seeking

















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