R PRAKASH Vs. LAND TRIBUNAL BANGALORE SOUTH TALUK

JUDGEMENT

(1.) THESE two Writ Petitions are directed against the orders of the first respondent, Land Tribunal, Bangalore South Taluk, Bahgalore district, dated 27. 8. 1997 in LRF. 83, 73/74-75 and the Order of the land Tribunal dated 15. 10. 1997 in LRF. 83/74-75, respectively.

(2.) BY the Order dated 27. 8. 1997, the Land Tribunal, Bangalore, has rejected the application filed by the Writ Petitioner in Form No. 7 and also the interlocutory application filed in the said case under section 24 of the Karnataka Land Reforms Act, the legality of which is questioned in W. P. No. 24769/1997. The Land Tribunal has allowed the claim of wife and daughter of late Basavareddy in respect of survey No. 74 measuring 1 acre 30 guntas and in Survey No. 90 measuring 5 acres 11 guntas and declared late Basavareddy as the tenant and directed issue of Form No. 10 in the name of wife and daughter of Basavareddy. Since common questions of facts and law are raised in these two Writ Petitions, they are taken up together for consideration and are disposed of by this common order.

(3.) THE claims of the parties raise an interesting question of law. One K. T. Basavareddy, the uncle of the Writ Petitioner, was a tenant in respect of Survey Nos. 74, 79 and 90. He claimed occupancy rights by filing Form No. 7 before the Land Tribunal The power of attorney holder of one of the legal representative of the original landlord initially did not dispute the claim made by K. T. Basavareddy- the tenant, in respect of 1 acre 30 guntas of land in Survey No. 74, 5 acres 11 guntas in Survey No. 90 of Konappana Agrahara Village in Bangalore South Taluk. The lease deeds - Exs. P. 1 and P. 2 support this claim. Though the revenue records indicate K. T Basavareddy as the person in occupation of the said Survey Numbers, two sets of claim petitions came to be filed in Form No. 7 before the Land tribunal, one by the Writ Petitioner- R. Prakash, to an extent of 4 acres in Survey No. 90 alleging that K. T. Basavareddy was his adopted father and there was partition between himself and his adopted father in the year 1970, wherein 4 acres of land in Survey no. 90 has been given to him, and he has been a permanent tenant of the said land. The application filed by him under Section 48-A (1)of the Karnataka Land Reforms Act, is produced at Annexure 'b' in w. P. No. 24769/1997.