RAMAKRISHNA AITHALA Vs. BHAGISHETTIGARTHY

JUDGEMENT

(1.) THE parties are referred to according to their array in the land reforms appellate authority, mangalore.

(2.) THE first respondent-bhagi shettigarthy filed an application in form 2-a under Section 38 of the Karnataka Land Reforms Act (hereinafter called the 'act') before the land tribunal, mangalore, seeking ownership in respect of door No. 19-2-c in survey No. 233 of idya village, mangalore taluk on 30-12-1981, claiming that her father constructed a small house on the land granted by the landlord and also planted 5 coconut plants. The land tribunal sought verification of the claim by referring the matter to the surveyor and on 23-7-1985, a mahazar was prepared by the surveyor that 233 survey number given in the application as 228 was wrong and that the correct survey number was 65/4b. thereafter the first appellant and first respondent were notified by the land tribunal. The land tribunal is purported to have conducted an enquiry between 6-9-1985 and 13-3-1986 and made the order dated 16-5-1986 conferring ownership rights in respect of 10 cents of land and the building thereon lying in survey No. 65/4b of idya village in favour of the first respondent.

(3.) ADMITTEDLY the second appellant has been conferred occupancy rights under Section [459] of the act in respect of the survey No. 65/4b of the idya village and she has become the owner of the same. Before the land tribunal only the first appellant was made a party who had no subsisting interest in the land in question.