ISHWARAGOUDA Vs. MALLIKARJUN GOWDA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28th of August, 2001 of the High Court of Karnataka at Bangalore in a Second Appeal whereby, the High Court had allowed the appeal filed by the respondents against the judgment and decree of the 2nd Additional Sessions Judge, Dharwad, remanding back the matter to the First Appellate Court to decide in accordance with law in view of the findings made by the High Court in the second appeal.

(2.) The relevant facts, as arising from the case made out by the appellants, which would assist us in appreciating the controversy involved are narrated in a nutshell, which are as follows:

(3.) The disputed land bearing RS No. 40 measuring 18 acres 32 guntas was an agricultural land belonging to one Laxmibai, situated in Harlapur village in Gadag taluka. After the death of Smt. Laxmibai, her grand sons inherited the said land and it was under cultivation of the predecessor in title of the appellants and the respondents. After coming into operation of the Karnataka Land Reforms Act (in short "the Act"), Basanagowda, the father of the respondents filed Form No. 7 under the Act for grant of occupancy rights on the ground that they were in actual cultivation of the entire land. Parwategowda, the father of the appellants, simultaneously also filed an application under Form No. 7 claiming that the said land was being cultivated jointly by the family, i.e. the family of Basanagowda, the father of the respondents, and Parwategowda, the father of the appellants. Both the above- mentioned applications were registered on the file of Land Tribunal, Gadag. On 21st of November, 1976, the Land Tribunal passed orders holding that Basanagowda and Parwategowda were jointly cultivating the lands and were entitled to occupancy rights in the said land. Aggrieved by the said order of the Land Tribunal, the respondents filed a Writ Petition in the High Court of Karnataka being WP No. 2088 of 1977. The High Court dismissed the writ petition by its order dated 17th of December, 1982, inter alia, holding that the disputed land was taken on cultivation jointly by the family and that it was in joint cultivation. However, for demarcation of half portion of the disputed land, the matter was remitted to the Land Tribunal. The respondents thereafter filed an appeal before a Division Bench of the High Court, which was dismissed by an order dated 6th of June, 1983. Meanwhile, the Land Tribunal after being remanded back the matter for demarcation of the disputed land between the parties by the High Court, allotted southern half portion to Parwategowda and his family and the Northern half portion to Basanagowda and his family by its order dated 3rd of January, 1985. Against the said order, the respondents preferred an appeal before the Land Reforms Appellate Authority being L.R. Appeal No. 1687 of 1986 which was dismissed by the Appellate Authority on 14th of September 1987.