Supreme Court of India · 2009-12-14
Maruthi Jaiwant Nakadi vs Eknath G.Navarekar (Dead) By Lrs.& Ors
- Citation / case number
- 2010 AIR SCW 12
- Court
- Supreme Court of India
- Petitioner
- Maruthi Jaiwant Nakadi
- Respondent
- Eknath G.Navarekar (Dead) By Lrs.& Ors
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that under Section 121A of the Karnataka Land Reform Act, 1961, the High Court cannot re-appreciate evidence and overturn concurrent findings of fact made by the Land Tribunal and Appellate Authority. The Court found that the tenant/appellant failed to provide sufficient evidence to rebut the presumption of entries in the record of rights, leading to the conclusion that the High Court's decision to set aside the lower tribunals' orders was erroneous. Consequently, the Court restored the orders granting occupancy rights to the tenant/appellant.