ABDUL KHADER Vs. TARABAI

JUDGEMENT

(1.) This appeal is directed against the judgment of the Division Bench of the Karnataka High Court whereby Writ Appeal No. 963 of 2000 filed by the Appellants against the order of the learned Single Judge, who declined to interfere with the order passed by Land Tribunal, Gulbarga (for short, "the Tribunal") for grant of occupancy rights to the Respondents was dismissed.

(2.) The predecessor of Abdul Khader, who is now represented by his legal representatives, are said to be Sajjada of the Darga of Hazarath Sheik Sirajuddin Junnedi of Shaik, Roza Gulbarga. Land comprised in survey Nos. 5, 6 and 7 situated at village Badepur, Taluk Gulbarga is said to be Service Inam Land under the Darga. Abdul Khader leased out the land to Basavannappa (husband of Respondent No. 1 - Tarabai) in 1957 for a period of five years at an annual rent of Rs. 500/- and on that basis, the latter started cultivating the land.

(3.) Basavannappa gave interest free loan of Rs. 6,000/- to Abdul Khader and also supplied him food grains worth Rs. 3,500/-. After some time, he filed Suit No. 35/1/1959-60 in the Court of Subordinate Judge at Gulbarga for recovery of the loan etc. During the pendency of the suit, the parties agreed to refer the matter for arbitration. After hearing the parties, the Arbitrators passed award dated 15.10.1959. They took cognizance of the fact that the land comprised in survey Nos. 5, 6 and 7 was already leased out to Basavannappa for five years and declared that the Plaintiff will have to recover the amount from the Defendant by taking the land on lease for a period of 19 years after expiry of five years term. Abdul Khader filed objections against the award but the same were not entertained by the Subordinate Judge, who decreed the suit on 29.10.1959 in terms of the arbitration award.