DEVIDAS ANNAPPA SHETTY Vs. LAND TRIBUNAL HONNAVAR III

JUDGEMENT

(1.) THE petitioner-devidas annappa shetty is challenging an Orderdated 30-11-1981 passed by the land tribunal, honnavar bearing No. Lrt. sr. 37/455/314/643/508/341/744.

(2.) FACTS. The petitioner's predecessor thimmappa shetty and the third and fourth respondents' predecessor lakshman shetty and fifth respondent's predecessor manjunath shetty constitute a joint family. There was a partition in the family in the year 1941. Property belonging to the joint family was divided amongst the respective branches in 3 equal shares in terms of a partition deed dated 23-7-1964. The petitioner's predecessor was allotted 34 guntas of land in sy. No. 62/1 and the ownership property in sy. No. 65/3 was allotted to the predecessor of the petitioner. The father of the petitioner continued cultivation of the property during his lifetime. The petitioner is in actual possession and cultivation of the land. The father of the petitioner filed form 7 claiming occupancy rights. The other respondents also sought occupancy rights. The tribunal without considering the partition deed granted occupancy rights in favour of respondents 6 and 7 in respect of sy. No. 62 / 1. The ownership property of the petitioner is granted in favour of the fifth respondent. The petitioner is challenging this Orderin this petition. Initially, the petitioner filed a writ petition in W. P. No. 8031 of 1983 and the same was transferred to the appellate authority in terms of an Orderof this court. In the light of the abolition of the appellate authority, the matter is again before me by way of a writ petition in terms of the Orderof this court.

(3.) THE respondents have entered appearance. They are represented. Parties are heard in the matter.