M BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order dt. 13 10-1981 made by the Land Tribunal, Kolar, conferring occupancy right in favour of the third respondent is challenged in this writ petition on the ground that it is not a speaking order and also an order made without notice to the petitioner. After the demise of Kalyanamma, owner of the land, her daughter Jayamma sold the property in favour of Hayath Khan in the year 1975. The petitioner has purchased the property from Hayath Khan.

(2.) Sri K. T. Mohan, learned counsel appearing for the contesting respondent, did not make serious attempt to sustain the impugned order and on the other hand, he rightly conceded that the impugned order not being a speaking order be quashed and the matter be remitted to the Land Tribunal for fresh disposal according to law. In this view, there is no difficulty to allow the writ petition.

(3.) Sri Prabhakar, learned counsel appearing for the petitioner, submitted, without prejudice to his other contentions, that during the life time of Narayanappa, the third respondent as his son, could not claim conferment occupancy right and his application is liable to be rejected in view of the principles enunciated by this Court in Jahirodin v. L.T., Srinivasapur (1); hence there is no necessity to remit the matter to the Land Tribunal for fresh disposal according to law.