SHIVAPPA MALLAPPA PUJAR Vs. GUDDAPPA
LAWS(SC)-2008-7-175
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on July 17,2008

SHIVAPPA MALLAPPA PUJAR Appellant
VERSUS
GUDDAPPA Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties.
(2.) This is an appeal arising out of judgment and order dated 26th June, 2000 passed by the High Court of Karnataka at Bangalore in L.R.R.P. No. 2339/1990. An application was filed in the year 1977 by Hanumappa - the predecessor-in-interest of the contesting respondents, before the land Tribunal Ranebennur for conferment of occupancy rights, which was disposed of in the following manner: Applicant present in Court. Amongst the opponent, 1st opponent and the mother are present, Matter was enquired and the statements were recorded. The relevant records were perused. The Applicant was earlier cultivating the land on Karu lavani and thereafter i.e. 4 to 5 years back the said land was given to the landlords. The Opponent who were present have admitted the position. JUDGEMENT_6499_AIR(SCW)_2008_1.html
(3.) About seven years thereafter, a writ petition was filed by him before the High Court challenging this order of the Land Tribunal Ranebennur. The Appellate Authority allowed the appeal mainly on the ground that since the respondent was in possession, his name should be recorded. In revision, the High Court has affirmed the said finding. This appeal/special leave petition was filed against the aforesaid order of the High Court in revision and has been heard by us in presence of the learned Counsel for the parties.;


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