High CourtsDIVISION BENCH(2017) 06 KAR CK 0035

Sri.S.M.Venktappa vs The Land Tribunal, & Ors.

Karnataka High Court · Decided on 5 June 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.Dinesh Kumar
RESULT
Dismissed
CASE NUMBER
3822 of 2017 (LR-RES)

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Judgment

7 paragraphs · 241 words
1.

The appellant''s father Munilingappa filed an application in form No.7 for grant of occupancy rights in respect of 1 acre 21 guntas of land. Ultimately, the prayer for occupancy rights was allowed by the Tribunal, granting occupancy right in respect of 1 acre 10 guntas. Aggrieved by the rejection of his claim of 11 guntas, a writ petition was filed, which was registered as Writ Petition No.48269 of 2003. By the order dated April 1, 2009, the writ petition was dismissed. A writ appeal was filed being W.A.No.2758 of 2009, which was allowed. The Tribunal was directed, by the Appeal Court, to reconsider the claim of the appellant, only, in respect of remaining 11 guntas.

2.

An application for review was filed by the purchasers, showing that the appellant had sold 30 guntas of land, that is, 15 guntas each to each one of the review petitioners in the year 1998. The same was suppressed. Consequently, the Tribunal recalled its earlier order.

3.

The Hon''ble Single Judge dismissed the writ petition on the ground of fraud and misrepresentation.

4.

The Tribunal and the Hon''ble Single Judge were right in granting relief in favour of the review petitioners.

5.

We do not find any merit in the appeal. The appeal is dismissed.

6.

In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.

7.

We make no order as to costs.