SANATH KUMAR S/O LATE SHANTHIRAJ POOVANI HIRINI HSANTHI NILAYA KOILA Vs. MR. N. RAMESH RAO S/O LATE SUBRAMANYA RAO AND OTHERS

JUDGEMENT

(1.) THE rejection of 1st Defendant's I.A. No. 4 under Section 10 Code of Civil Procedure read with Section 132 & 133 of the Karnataka Land Reforms Act, 1961, in O.S. No. 83/04 by order dt. 6/3/2009 of the Prl. Civil Judge (Jr. Dn.). Bantwal, D.K., is called in question in this petition.

(2.) THE suit schedule property is described as Sy. No. 27/2, Southern portion, Nanja, extent Order 66, of which, the Petitioner's father by name Shanthiraja Poovani, it is asserted in the plaint was a monthly tenant. It is not in dispute that in the suit, the court has framed as many as 12 issues of which the 1st issue relates to whether the Plaintiff proves that the father of the Petitioner was a monthly tenant of the suit schedule property. It is also not in dispute that the Petitioner made an application under Section 77A of the Karnataka Land Reforms Act, 1961, for grant of land asserting that immediately before 1st day of March 1974 was in actual possession and cultivation of the land which was vested in the State under Section 44 and though entitled to be registered as occupant of such land under Section 45 or 49 failed to apply for registration of occupancy rights in respect of such lands under Sub -Section 1 of Section 48A within the stipulated period and continues to be in actual possession and cultivation of such land on the date of commencement of the Karnataka Land Reforms (Amendment) Act, 1997. That application when rejected, was carried in appeal before the Karnataka Appellate Tribunal, whence the appeal was dismissed leading to filing of a writ petition which too when dismissed, is presently in a writ appeal which is pending before the Division Bench of this Court.

(3.) HEARD the learned Counsel for the parties, perused the pleadings and examined the order impugned.