DHAREPPA SHIDDAPPA Vs. LAND TRIBUNAL BIJAPUR

JUDGEMENT

(1.) This writ petition under Arts. 226 and 227 of the Constitution is directed against the order Ext. Z.6 dated 16-12- 1976 of the 1st respondent-Land Tribunal, Bijapur, conferring occupancy in favour of the, 2nd respondent-Tangewwa and the 3rd respondent Dhareppa in respect of two items of land comprised in S. No. 122 measuring 1.5 acres 19 guntas and S. No. 123 measuring 16 acres 5 guntas of Honawad village of Bijapur Taluk in Bijapur District, of which the petitioners are the owners.

(2.) It is necessary to set out the relevant facts for a just and proper appreciation of the rival contentions of the parties. S. Nos. 122 and 123 both situate an Honawad village of Bijiapur Taluk, which will be hereinafter referred to as the 'suit lands', originally belonged to two persons of Athani by name Kasinath Wodeyar and Narayan Wodeyar. They had leased out the suit lands to one Ballappa Pujari (for short 'Ballappa') and Ramanna Gurappa Janagond (Sindhur) (for short 'Ramanna'). Both Ballappa and Ramanna surrendered their lease-hold right in the year 1957 in favour of the original owners, under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short the 'B.T. & A.L. Act') . The entries in the record of rights were also changed in pursuance of the surrender. However, the name of Ramanna alone was deleted whereas the name of Ballappa continued in 'other rights' column. To set the matter right, Ballappa and Ramanna once again approached, the Tahsildar, Bijapur in the year 1960 and gave a joint application surrendering their lease-hold right in favour of the original owners. The Tahsildar, Bijapur, accorded permission to surrender their leasehold right and directed them to put the owners in possession thereof in the year 1961. Thereafter, the original owners sold the suit lands and these petitioners ultimately became the exclusive owners.

(3.) The 2nd respondent is the wife and the 3rd respondent is the son of Ballappa. They made an application to the 1st respondent-Land Tribunal in Form- 7 under S. 48A(1) of the Kar. Land Reforms Act, 1961 (for short the 'Act') for conferment of occupancy in their favour in respect of the suit lands on the ground that late Ballappa was the tenant in respect of the suit lands since the year 1945 and after his death in the year 1963, they (respondents 2 and 3) became the tenants of the suit lands cultivating them personally.