AI Structured Summary
Not yet generated for this judgment
Judgment
By the impugned order, the Hon''ble Single Judge dismissed the writ petition arising out of a proceeding before the Land Tribunal.
This matter has a chequered history. One Narayana Nayak, the husband of the petitioner no.1, claiming to be the tenant in respect of Survey No.78/4 of Kodiala village, Sullia Taluk, Dakshina Kannada District, measuring 52 cents, filed Form No.7 for grant of occupancy rights. However, the Land Tribunal granted 45 cents of land to Narayana Nayak, and 7 cents of land in favour of one Annappa Prabhu, who had also claimed tenancy rights in respect of the same land.
Being aggrieved by the order of the Tribunal, Annappa Prabhu approached this court in a writ petition. The matter was transferred upon constitution of the Land Reforms Appellate Authority.
Upon abolition of Land Reforms Appellate Authority, the matter came back to the High Court. On remand, the power of attorney holder of the landlord gave evidence, but unfortunately, he expired and, therefore, could not be cross-examined. By the order dated January 19, 2006, the Land Tribunal granted 22 cents of land to the petitioners and 30 cents to the respondents.
It was the finding of the Hon''ble Single Judge that the name of Narayana Nayak was shown in the record of rights from 1968 to 1972. In the next entry for the year 1981-1982, the name of Annappa Prabhu was recorded. The Hon''ble Single Judge, therefore, rightly held that there was no material other than the oral plea of the petitioners that the original tenant was cultivating 30 cents of land, and the Land Tribunal is right in granting 22 cents of land to the petitioners.
We do not find any merit in the appeal. The appeal is, therefore, dismissed.
We make no order as to costs.