CHIKKANNA BIN RAJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ appeals, order dated 10.03.2000 passed by the learned Single Judge dismissing the writ petition filed by the appellants herein is challenged. In the writ petition, the appellants herein had challenged the order dated 19.05.2007 passed by the Land Tribunal, Srirangapatna, in so far as it related to the grant of occupancy rights in favour of respondent Nos. 3 to 9 herein.

(2.) The dispute relates to Sy. Nos. 104, 118 and 126 of Channahalli village of Srirangapatna Taluk. Deceased Chikkanna and Chamegowda, both sons of Rajegowda filed applications in Form No. 7 claiming occupancy rights as tenants in respect of these lands. Writ petitioners/appellants herein are the legal representatives of the said Chikkanna and Chamegowda. The Tribunal granted occupancy rights in respect of 1 acre 34 guntas in Sy. No. 104 and 26 guntas in Sy. No. 104/2 to the petitioners. Different portions of lands comprised in these three survey numbers were granted in favour of the predecessors-in-title of private respondents herein, which they had claimed. Aggrieved by the grant of occupancy rights in respect of different portions of land in favour of other private respondents, the writ petitioners/appellants herein filed the writ petition only to the extent of rejection of their claim.

(3.) The main contention urged in the writ petition was that the Land Tribunal committed an illegality in granting occupancy rights in favour of the respondents who claimed to be subtenants under the original tenants. It was contended that after 02.10.1965, no tenancy could have been created and as such the persons who claimed grant of occupancy as sub-tenants could not be regarded as lawful tenants entitling for confirmation of occupancy rights as per the provisions of the Karnataka Land Reforms Act, 1961 (for short the 'Act'). It was contended that the so-called sub-tenants were only trespassers. It was also contended that respondent Nos. 3 to 9 were not at all in possession and cultivation of any portion of the lands in question.