R RUDRAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted in both SLPs.

(2.) In each of these appeals, the appellants are Sri B. Rudraiah and his son Sri B. Veeranna. The party respondents are Sri Lakshmi Narasappa (3rd respondent), Smt. Kittamma (wife of Late Narasimbha Murthy) (4th respondent) and Sri S. N. Prahlada Rao, (son of Late Narasiah (Jr.) (5th respondent). These two appeals are directed against the orders in CRP No. 625 of 1988 and CRP No. 2898 of 1988 dated 18-7-1989 of the Karnataka High Court allowing the said revisions which were filed by Lakshmi Narasappa (3rd respondent) and S. N. Prahlada Rao (5th respondent) respectively. In those revisions the appellants were respondents. The revision filed in the High Court under Section 121-A of the Karnataka Land Reforms Act, 1961 were allowed, setting aside the orders dated 7-11-1987 passed by the appellate authority and by the Land Tribunal on 27-4-1987 registering occupancy rights in favour of the first appellant i.e. B. Rudraiah in respect of 3 acres 34 guntas and 1 acre 24 guntas in Survey Nos. 55 and 62 respectively of Saneguruvanahalli village, Bangalore North Taluk. Aggrieved by the order of the High Court dated 18-7-1989, these two appeals are filed by Rudraiah, the aggrieved party. His son B. Veeranna has joined as the second appellant.

(3.) The main ground on which the High Court has allowed the revisions of respondents 3 and 5 and dismissed the Form 7 application of the 1st appellant B. Rudraiah is that the said application for grant of occupancy right was filed on 7-3-1984 beyond the period prescribed by Section 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter called the Land Reforms Act, 1961). The said provision in Section 48-A was introduced by Karnataka Act (1 of 1979) (with effect from 1-3-1974) fixing time limit for filing applications under Section 45 for registration as "occupants" before the Tribunal. These words introduced by the amending Act 1 of 1979 fixing time limit read as follows: