NANJAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants in this intra-Court appeal are the legal heirs of one late Channappa. The controversy concerns claim of occupancy rights made by late Channappa under Section 4s-A of the Karnataka Land reforms Act, 1. 961 (in short the 'act'), in respect of land measuring 5 acres 20 guntas in Sy. No. 126 and 5 acres in Sy. No. 130/1 of Holakallu village, Guloor Hbli, Tumkur Taluk, Tumkur District.

(2.) THE relevant facts to the extent of those are not in controversy may be noticed in brief. The land in question originally belonged to one B. R. Banappa. He died on 13-10-1971. He under a Will dated 10-3-1961 bequeathed the aforesaid lands to D. Ramaiah (respondent 3), who happens to be late Banappa's son's (respondent 4) son-in-law. Thereafter, the 3rd respondent filed a petition in P. and S. C. No. 55 of 1976 for grant of letters of administration with a copy of the above Will annexed thereto before the 2nd Additional District Judge, Bangalore, who after due enquiry granted letters of administration to the 3rd respondent under his order dated 31-1-1978. Therefore, respondent 3 became the owner of the lands in question since 13-10-1971 immediately on the death of Banappa.

(3.) AT the time of the death of Banappa, respondent 3 being legatee, "as serving as soldier in the Indian Army. According to him, after the death of Banappa the land in question were being looked after by the 5th respondent, B. Nagaraj, who happens to be the son of Banappa and father-in-law of the 3rd respondent. It is not in dispute that the said 3rd respondent retired from service on 1-1-1976 and started cultivating the lands himself.