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2008 Supreme(SC) 117

P.SATHASIVAM, ARIJIT PASAYAT
Basayya I. Mathad – Appellant
Versus
Rudrayya S. Mathad – Respondent


JUDGMENT:

P. Sathasivam, J.

1). This appeal is directed against the judgment and order dated 16.03.1999 of the High Court of Karnataka at Bangalore in Regular Second Appeal No. 131 of 1999 in and by which the learned single Judge dismissed the second appeal at the stage of admission.

2) BRIEF FACTS: The appellant and Shri Shivayya (since deceased) and two others were brothers. Their father owned many properties apart from being tenant of suit lands. Their father died in the year 1952. According to the appellant, he alone was cultivating the suit lands as tenant excluding all the brothers. The properties were divided among the brothers. The suit property continued to be in the exclusive possession of the appellant as the same was a tenanted land.

3. Under Section 44 of the Karnataka Land Reforms Act, 1974 (hereinafter referred to as the Act) all the lands held by or in possession of tenants stood transferred to and vested in the Government. Under Section 45 of the Act, tenants were given an option to be registered as occupants of the vested lands. It is the claim of the appellant that in view of the provisions of the Act, the suit lands, w











































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