A. J. SADASHIVA, J. ( 1 ) THOUGH THIS PETITION IS LISTED FOR PRELIMINARY HEARING, THE same IS TAKEN UP FOR FINAL DISPOSAL WITH THE CONSENT OF THE learned COUNSEL APPEARING ON BOTH THE SIDES AND WITH A direction TO SRI M. SIDDAGANGAIAH, THE LEARNED HIGH COURT government PLEADER, TO TAKE NOTICE FOR RESPONDENTS 1 AND 2, after ISSUING RULE. ( 2 ) THE LAND TRIBUNAL BY THE IMPUGNED ORDER DATED APRIL 30,1993 DIRECTED TO REGISTER THE THIRD RESPONDENT AS AN OCCUPANT IN respect OF SURVEY NO. 256 MEASURING 10 ACRES 26 GUNTAS situated AT NAREGAL VILLAGE, RON TALUK, CONTRARY TO EVIDENCE ON record. THE IMPUGNED ORDER IS, THEREFORE, UNSUSTAINABLE IN TAW. ( 3 ) IT IS SEEN FROM THE ORDER THAT, THE REVENUE RECORDS DOES NOT INDICATE THE CULTIVATION OF THE LAND BY THE THIRD RESPONDENT. THE land TRIBUNAL PROCEEDED TO REGISTER THE THIRD RESPONDENT AS AN occupant ON TWO COUNTS, NAMELY, THAT HE PRODUCED THE RECEIPTS for HAVING PAID REVENUE ASSESSMENTS AND SOME OF THE TRUSTEES have ADMITTED HIS TENANCY. THE PRODUCTION OF RECEIPTS FOR HAVING paid THE LAND REVENUE ASSESSMENTS IS NOT SUFFICIENT TO HOLD THAT the PERSON WHO PRODUCES THE RECEIPTS WOULD BE A TENANT OF THE land. SRI KULKARNI, THE LEARNED COUNSEL APPEARING FOR THE petitioner PRODUCED A COPY OF THE STATEMENT SAID TO HAVE BEEN made BY ONE OF THE TRUSTEES. I AM NOT ABLE TO SEE THE ADMISSION alleged TO HAVE BEEN MADE BY THE TRUSTEES IN THE SAID STATEMENT. ON THE OTHER HAND IT IS SEEN THEREFROM THAT THE THIRD RESPONDENT has AGREED TO PURCHASE THE LAND FOR A SUM OF RS. 86,000/ -. THE impugned ORDER IS WHOLLY UNSUSTAINABLE BOTH ON FACTS AND ON law. ( 4 ) ACCORDINGLY, THIS PETITION IS ALLOWED. RULE MADE ABSOLUTE. THE ORDER DATED APRIL 30, 1993 PASSED BY THE LAND TRIBUNAL, ron, IN CASE NO. KLR. CU. ANR. 5. NAREGAL IS HEREBY QUASHED. THE matter IS REMITTED TO THE LAND TRIBUNAL FOR FRESH DISPOSAL IN accordance WITH LAW. ( 5 ) IN THE CIRCUMSTANCES OF THE CASE, THERE IS NO ORDER AS TO COSTS. ( 6 ) SRI M. SIDDAGANGAIAH, THE LEARNED HCGP, IS PERMITTED TO FILE MEMO OF APPEARANCE WITHIN FOUR WEEKS. --- *** --- .