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2021 Supreme(Kar) 738

G.NARENDAR
N Subban Shiva Rao S/o Late N Shiva Rao – Appellant
Versus
M Nagesh S/o Late Oovamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri K R Subramanya Rao, Adv.
For the Respondent: Sri K. Chandrashekar Achar, Smt. A.R.Sharadamba, AGA Sri M.Vishwajith Rai

ORDER :

Heard the learned counsel for the petitioners, learned counsel for the contesting respondents and the learned Addl. Govt. Advocate.

2. The petitioners claim to be landlords and are before this court being aggrieved by the order dated 23.09.2011 passed by the Land Tribunal, Mangalore Taluk, Dakshina Kannada.

3. The brief facts which are necessary for disposal of the writ petition are that:

Mother of respondents No.1 and 4 the late Oovamma had filed Form No.7 before the Land Tribunal which is produced and marked as Annexure-B and Form No.7 filed by the first respondent M. Nagesh S/o late Oovamma is produced and marked as Annexure-C. On perusal of Annexure-B, the Form No.7 filed by late Oovamma, it is seen that she has claimed tenancy rights over several survey numbers i.e. 110/1, 108/1A, 110/6 of Kadri B Village and Survey No.6/20 and 6/2A of Kanakanady B Village.

The first respondent son has filed Form No.7. In his Form No.7 he has requested for registering him as a tenant in respect of the land comprised in Survey No.108/1A. Pursuant to the applications spot mahazar was also conducted and in the spot mahazar the mother of the first respondent late Oovamma was found to be in occu

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