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Channabasappa (Dead) by LRS Vs. State of Karnataka [17/09/13]

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[Civil Appeal No. 8289 of 2013 arising out of SLP (C) No. 14496 of 2006]. This appeal has been preferred by the appellants against the judgment and order dated 2nd June, 2006 passed by the Division Bench of the High Court of Karnataka at Bangalore in W.A. No.3836/2005(LR). By the impugned judgment the Division Bench dismissed the appeal preferred by the appellants herein and affirmed the order passed by the learned Single Judge, whereby the learned Single Judge directed the Land Tribunal to verify the aspect of filing of Form No.7 by the tenant. The factual matrix of the case is as follows: The appellants claim to be the owners of lands in Sy. Nos. 33, 37,38, 39, 40, 41 and 53 situated in village Halligeri, Dharward Taluk, Karnataka, having purchased the same in the year 1956. According to the appellants, the lands were in their personal cultivation since then. The 2nd respondent, Gangappa (since deceased) filed an application before the Special Tahasildar, Land Reforms, Dharwad, contending there in that he had sent an application on 23rd June, 1975 in Form No.7 for registering him as an occupant of the lands belonging to the appellants.

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