C.S. UMESH Vs. T.V. GANGARAJU

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved by the judgment dtd. 11/9/2019 passed by the Division Bench of the High Court in Writ Appeal No.683/2018 as well as the order passed in Review Petition No.535/2019 arising out of Writ Appeal No.683/2018 dtd. 4/3/2020, these appeals have been filed by the persons who claimed to be the tenants and who had filed Form No.7 before the concerned Land Tribunal.

(3.) Briefly stated, the facts are the appellant's father Siddaveerappa was stated to be in possession of land measuring 23 Acres and 20 guntas in a certain survey number in Tavarekere village, Magadi Taluk as a tenant. He filed an application before the Land Tribunal (for short "Land Tribunal"), Magadi Taluk (now in Bangalore South Taluk) seeking grant of occupancy rights under the provisions of Karnataka Land Reforms Act, 1961 ('1961 Act' for short) in respect of Survey No. 150 and 151 measuring 9 acres and 14 acres 20 guntas respectively. By an order dtd. 11/4/1981, the Tribunal granted occupancy rights in favour of the appellant's father. Pursuant to the said order dtd. 11/4/1981, the Secretary of the Tribunal issued Form No. 10 being certificate of registration of tenancy. Consequently, the appellant's father was cultivating the said land in question and was in peaceful possession and enjoyment of the land. However, in the year 2004, the appellant made an application before the Tribunal seeking rectification/ modification of the earlier order of the Tribunal dtd. 11/4/1981 for correcting the extent of land and survey number in respect of occupancy granted received by the appellant's father by order dtd. 11/4/1981. By order dtd. 4/9/2004, the Tribunal dismissed the said question on the ground that it does not have the power to modify its own orders. Being aggrieved, the appellant approached the High Court by way of filing Writ Petition No. 45408 of 2004 challenging the order passed by the Tribunal dtd. 4/9/2004. By an order dtd. 2/9/2005, the High Court quashed the order passed by the Tribunal dtd. 4/9/2004 and remanded the matter to the Tribunal.