PRAHLAD Vs. THE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) HEARD the learned Advocates Smt. Sona Vakkund and Sri M.B. Naragund for the Petitioner and Sri Patil and Patil for Respondents -3 to 6. Sri M. Ramaiah, Additional Government Advocate for R -1 and R -2.

(2.) THE undisputed facts are that one Paragouda was the tenant. He had no issues. He died on 20.3.1964 leaving behind his wife. During his life time he executed a Will in favour of the husbands of Respondents 3 to 5 his nephews. After his death, the Petitioner filed O.S. 89 of 1965 for possession of the property which came to be dismissed. As against that he preferred Regular Appeal 31 of 1967 which also came to be dismissed. He questioned that order in R.S.A. 708 of 1970 and this Court was pleased to remand the matter to the trial Court to raise an issue in regard to tenancy and to refer the matter to the Land Tribunal for its findings. Thereafter, the husband of the 3rd Respondent filed Form No. 7 on 31.7.1976 and the Tribunal allowed that application. That order was questioned in W.P. 8872 of 1976 and this Court was pleased to remand the matter to consider the question whether the tenant can execute a Will. However, the Tribunal granted occupancy right in favour of the applicant. That order was yet again questioned before the land Reforms Appellate Authority, Bijapur, in LRA No. 11 of 1989 and the appellate authority dismissed the appeal confirming the order passed by the tribunal, Jamkhandi in KLR.SR.4/TBC dated 30.11.1988 vide its order dated 27.10.1989. Being aggrieved by this order, the Petitioner/landlord preferred this petition.

(3.) IT is no doubt true that that Paregouda has executed a will bequeathing his right in favour of his nephews who are the husbands of Respondents 3 to 5. Even assuming that the will cannot give any right, the long standing uninterrupted possession of the husbands of Respondents 3 to 5 and after their death, Respondents 3 to 5 are in possession of the property, the will said to have been executed does not have any value in this case.