B.S. MAHABALA Vs. GOPALA KRISHNA AND ANR.

JUDGEMENT

(1.) By this appeal, the judgment of the Division Bench of the High Court of Karnataka at Bangalore in W.A. No.2644 of 2012(LR) dated 24.03.2014 has been challenged. The Division Bench has dismissed the writ appeal and affirmed the decision of the learned Single Judge dated 3/19.04.2012 in W.P. No.41051 of 2004 (LR) whereby the order passed by Land Tribunal, Bantwal Taluk, Dakshina Kannada District dated 04.10.1980 came to be set aside. Further, the learned Single Judge remanded the case to the Land Tribunal for hearing it afresh keeping in view the purport of Sec. 21 of the Karnataka Land Reforms Act, 1961("the said Act" for short), after affording opportunity to the legal representatives of deceased Channappa Poojary.

(2.) The said Channappa Poojary had occupancy rights being a Chalgeni tenant in land bearing Survey Nos. 46/2A, 46/2D, 46/2K, 46/1E, 46/10, 46/3, 46/4B, 47/1D, 47/1B and 47/1E of Navoor village, Bantawal Taluk, Dakshina Kannada District. The said land originally belonged to one Smt. Gummanna Shetty, the predecessor of Respondent Nos. 2A/1, 2/2 and 2B. Respondent No.1 is the son of Channappa Poojary since deceased; and the Appellant is the nephew of Channappa Poojary.

(3.) After the amendment to the Karnataka Land Reforms Act came into force on 09.06.1974, Channappa Poojary filed an application in Form No.7 before the Land Tribunal for grant of occupancy rights in respect of the said lands. During the pendency of the said application, Channappa Poojary died on 17.10.1979. The Appellant appeared in the said proceedings claiming that Channappa Poojary, during his life time, had executed a Will in his favour bequeathing the rights in the said lands to him. On the strength of the said Will, the Appellant claimed that the proceedings should be decided in his favour. The Land Tribunal accepted the claim of the Appellant and vide order dated 04.10.1980 granted occupancy rights to the Appellant in respect of the said lands. At the time of passing of the aforesaid order, Respondent No.1 was a minor. After attaining majority he filed a writ petition before the High Court on 05.10.2004. By that time he had turned 21 years after attaining majority. In the writ petition, however, he asserted that until recently he had no knowledge about the passing of the order by the Land Tribunal in favour of the Appellant.