SITABAI Vs. LAND TRIBUNAL BIJAPUR

JUDGEMENT

(1.) This petition is directed against the order dated 7-1-1977 of the Land Tribunal, Bijapur, and passed in its proceeding bearing No. KLR/SR-59 (Exhibit D).

(2.) Venkappa, the 2nd respondent had claimed occupancy rights in an agricultural land comprised in Sy. No. 994/1 of village Toravi. Taluka Bijapur. The Tribunal has allowed his claim. The petitioner who claims to be the owner of the land and who had disputed the claim of Venkappa before the Tribunal, has been challenging the correctness of'the same.

(3.) A few facts which are not in dispute may be noted: This was a tenanted land. One allappa alias Mallari was the protected tenant TIM total extent of the land comprised in this number is 11 acres 171 guntas. The petitioner was the owner of the same. Seeking resumption of the land she had applied to the Court as constituted under the provisions of the Karnataka Land Reforms Act, 1961 (the Act) as they stood prior to 1-3-1974. That application for resumption was under Section 14 of the Act. That was allowed permitting her to resume half the extent and she is said to have obtained possession of that portion and regarding the remaining extent the Court held that the same was non-resumable. The same remained with the tenant Mallappa. Mallappa died on 8-9-1972. Within a few days disputes arose between the petitioner, Sitabai (the owner) and the 2nd respondent Venkappa. He claimed that after Mallappa's death, being his heir, he had inherited the least rights in question and was entitled to cultivate the same. Sitabai disputed this claim, denied that Venkappa was the heir to the estate of the deceased, and challenging his claim to be in possession of this land as a lessee, filed a suit in 0. S. No. 251 of 19727 on the file of the Additional Munsiff, Bijapur, for a permanent injunction against him. The Munsiff, who had granted an ad interim injunction against Venkappa, modified that order and permitted him to cultivate the land dn furnishing some security. In the mean while the provisions of the Act came to be amended by Karnataka Act No. I of 1974. The amendments came into force with effect from 1-3-1974. Venkappa filed an application before the Tribunal in form No. 7 of the Act claiming occupancy rights in the land. Sitabai's suit, which was pending on the file of the Munsiff, came to be disposed of in the month of August 1975. The suitt was decreed. Sitabai's contention before the Tribunal was that the original tenant Mallappa had died issueless leaving behind him no heirs, that Venkappa was not his son and had not succeeded to the estate of Mallappa had no right to cultivate the land, and therefore was not entitled to claim occupancy rights. The Tribunal overruled these objections and passed the impugned order conferring occupancy rights on Venkappa.