IN 2113 i)11 OOURT OF KARNAXA Al’ 3AN)AI 4 OBE Dated this tne 2&tiday of February 1998 3EFO RE TIE }KIPILE NE. JU32ICE EI.!T. ITARAMAN 3i99O BETLSEII Wi. 2.11. Lakshmana, S/c, Late N, Narasa Pa, gc: 41 years, No.139, B-2 BDA Quarters, kfl I Tr L!&u £L Bangalore - 71. .. PETITIONER (37 i. R. Sudarsan, Ad’?.) AND 1, Ti’ Secrec ty to Govt. of Karnataia, Revenue Departrnt, Vidhana Sohaha, Bangore - 1, 2, 3& Karalakahuarra, (/o, Sri P. Änanappa TrEvlflaker&, Koratasere Taluk, TUctt isi bitt, 3. 3r1. Malieshanna, S . Partatliaiah, Tee tha KolaIa Hobli, Koratagere T 5 Iuk, Turtur District, 4. The L 3 nd Tribunal, Kor tagere by ?t 5 Chjrm 5 n, (3y Sri. Srinivasn Reddy, JCGP, forRl&4, Sri, .B. Scdasthaipa, Mv, for R2 & 3) Ca :2: This C.R.E. is filed under Sec.115 of CPC, gjj:t tie Order dt*:lOs8sl989 in Appeal NO,LRj., 135/8? on the file of the Dist. Addi. Laril Reforms Appellate AuthorIty, Tumaur, dIsmissing the appeal ax’d confir ring •the Order pasasi by the Land riinal, Koratagere Ta,luk, in No,LRA. CR,575/776 and etc., This C.R.P. coming on for hearing this day, the Court made the following :- ORDER This revision under. Section 1 215. ci Karnatska Land Reforms tht is directed aoainst the order 05 the ,Lanci Trihune 1, Kcretesere end r d here in f 1. no en eon.: I inst or in I 04 50 1 €4 th.e lend T ibune I, Koreteoere cia thins: occunency rinhts in r suent olE n I Is nd he or inn survey NE. o 1 1 /2 ise 05Hr 0555 In Sled 00150)505 1. .1:. villene, Koraneeere I e uJ( Turnhur ‘I ist Thr third re soc no:ent 5143 lie she nne owner had no oh I cot ion 0 eros or 114.110: C.41.’ 5 ncr in SitS in 4 4 . c. ‘1 ., 4 .. ..—.‘.‘-‘ - . .CC.4C4A 0000:543 is idl.it 5 in Savour the second ro sun ride n t sride its nrcc:r doted 17Li.195h, The etirsoner Lv his inter Mekeneresenne end this no In deco was a nominal one but 0 obtained in the name of the third responoent as I4ekenarasappa was due some money to Malleshanna, Certain other allegations were also made in the writ petition claiming 1/3rd share in the disputed land, The order of the Tribunal was challenged on the additional ground that one of the members of the land Tribunal was a close relative of the applicant viz, the tenant. After the consti tution of the ppellate Autrity in the districts 0 the matter came to be referred to the Appellate Authority, Tumkur. The Tribunal had recorded certain evidence and passed a very peculiar order dismissing the appeal but, confexingtne occupancy rights by setting aside the order of the Tribunal, It is this order which is in challenge again by the son of the said Mekenarasappa who allegedly purchased the land in the name of the third respondent. 2, The learned counsel for the respondents 2 and 3 has failed to convince the court as to the locus standi of the petitioner to question the order of the land Tribunal. The Appellate Authority has not considered this question at —4— all while disposing of the matter, The trial Court has rightly come to the conclusion that it is a clear case of tenancy made out by the second respondent and that there is no difficulty to grant occupancy rights in her favour. It is a case where the land Tribunal granted occupancy rights after the consent memo filed on behalf of the land lord. In case of no dispute regarding the tenancy, there was no necessity for the Tribunal to hold further enquiry in the matter, The finding of the Appellate in facts discloses that there wae abundon. iaterial to show that it was a tenanted land and that it was in occupation of the second respondent. It is difficult to comprehend the nature of the or&r passed by the Appellate Authority, While dismissing the apptal it has set aside the order of the land Tribunal but, at the same time, conferred the girt-ef occupancy rights in favour of the second respondent However the occupancy right granted by the Pribunal cannot be turbed in view of the clear finding given by the Appellate Authority which is passed on evidence. The petitioner has no right over the property whether it is a case , 5.. o lao • a thfl Pleafl p.’ I REIn I b Ci I Pt. n Pb