JUDGEMENT
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(1.) Leave granted.
This appeal has been preferred by the appellants against the judgment
and order dated 2nd June, 2006 passed by the Division Bench of the High
Court of Karnataka at Bangalore in W.A. No.3836/2005(LR). By the impugned
judgment the Division Bench dismissed the appeal preferred by the
appellants herein and affirmed the order passed by the learned Single
Judge, whereby the learned Single Judge directed the Land Tribunal to
verify the aspect of filing of Form No.7 by the tenant.
(2.) The factual matrix of the case is as follows:
The appellants claim to be the owners of lands in Sy. Nos. 33, 37,
38, 39, 40, 41 and 53 situated in village Halligeri, Dharward Taluk,
Karnataka, having purchased the same in the year 1956. According to the
appellants, the lands were in their personal cultivation since then.
(3.) The 2nd respondent, Gangappa (since deceased) filed an application
before the Special Tahasildar, Land Reforms, Dharwad, contending therein
that he had sent an application on 23rd June, 1975 in Form No.7 for
registering him as an occupant of the lands belonging to the appellants.
The Special Tahasildar, Land Reforms, on 31st October, 1987 replied that
there was no record of having received such an application from the 2nd
respondent in respect of the lands in question and no entry was made in the
Register of Form No.7 maintained by the Land Tribunal.;
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