JUDGMENT :

In this intra-court appeal, the appellant-landlord is calling in question the judgment dated 21.04.2011 in W.P.No.12439/2004 (LR) passed by the learned Single Judge of this Court.

2. Brief facts are, one late G.Anantha Bhatta, who is the husband of respondent No.1 had filed an application in Form No.7 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as ‘the Act’ for short) in respect of 0.35 acres of land situated in Sy.No.85/23 of Shivalli Village of Udupi Taluk. The second respondent -Land Tribunal (hereinafter referred to as “Tribunal”) enquired into the matter after issuing notice to both sides and passed an order dated 23.12.2003 (Annexure-A) granting occupancy right in respect of 0-07-5 acres of land in Sy.No.85/23 of Shivalli Village, Udupi Taluk, in favour of respondent No.1. The appellant herein filed W.P.No.12439/2004 challenging the said order of the Tribunal, which came to be dismissed by the learned Single Judge by order dated 21.04.2011 and that is under challenge in this writ appeal.

3. Learned counsel appearing for the appellant contended that appellant is a Mutt and the applicant in Form No.7 -the late husband of respondent No.1 was working