1. Challenge in these appeals is to the order passed by
a learned Single Judge of the Karnataka High Court allowing
the civil revision filed under Section 121(A) of the Karnataka
Land Reforms Act, 1961 (in short `the Act'). Challenge in the
petition was to the order passed by the Land Reforms
Appellate Authority, Dharwad (in short ‘Appellate Authority’)
Respondent no. 3 had filed the petition. The Appellate Tehsildar has endorsed his findings on the document itself. It
is necessary to refer to Sections 7 and 41 of the Act which
provide for restoration of possession under certain
circumstances. The procedure for recovery of such possession
is also prescribed. Undisputedly, no such application was,
however, filed by the respondent no.2. Additionally, no action
was taken by respondent no.2 for grant of tenancy rights from
1955 till 1974.
13. Above being the position, the High Court's order is clearly
indefensible and is set aside and the order passed by the
Appellate Authority is restored.
14. The appeals are allowed without any order as to costs.
New Delhi, April 7, 2008