Supreme Court of India · 2009-12-14
MARUTHI JAIWANT NAKADI vs EKNATH G.NAVAREKAR (DEAD) BY LRS..
- Citation / case number
- SC 1999/6736
- Court
- Supreme Court of India
- Petitioner
- MARUTHI JAIWANT NAKADI
- Respondent
- EKNATH G.NAVAREKAR (DEAD) BY LRS..
- Author
- TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court examined the application of Section 121A of the Karnataka Land Reform Act, 1961, in the context of occupancy rights claimed by a tenant. The Court held that the High Court erred in setting aside the concurrent findings of the lower tribunals, which had established the tenant's continuous cultivation and entitlement to occupancy rights. The Court reaffirmed that the tenant must rebut the presumption of entries in the record of rights, but found that the evidence presented by the tenant was sufficient to support his claim, thus restoring the occupancy rights in favor of the tenant.