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december 2009

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.

MARUTHI JAIWANT NAKADI vs EKNATH G.NAVAREKAR (DEAD) BY LRS.. · Niyam