P GANAPATHI BHAT Vs. KORAGA SAPALYA

JUDGEMENT

(1.) The legality and correctness of the order passed in W.P.No. 52317/2003 and W.P. No. 41931/2003 by the learned Single Judge on 11.07.2007 is called in question in these appeals. The appellants are the legal heirs of one P. Ganapathi Bhat, who was the owner of Sy.No. 84/8, measuring 25 cents in Kairangala Village. One Koraga Sapalya, the deceased first respondent had filed an application in Form No. 7 under Section 48-A of The Karnataka Land Reforms Act (herein after referred to as 'the Act' for short) claiming Occupancy Rights as a tenant of Ganapathi Bhat. The Land Tribunal, Bantwal rejected Form No. 7 filed by Koraga Sapalya on 31.01.1979 on the ground that he was not a tenant under the deceased appellant.

(2.) Later on, Koraga Sapalya again filed an application in Form No. 2-A under Section 38 of the Act, 21/2 years after rejection of his claim against Ganapathi Bhat claiming to be an agricultural labourer.

(3.) The owner of the land contested the case on the ground that Koraga Sapalya was only a wood cutter and was never an agricultural labourer and that Koraga Sapalya was a tenant in respect of a residential house and therefore, requested the Tribunal to reject the claim of Koraga Sapalya. The Tribunal by its order dated 25.06.2002 granted ownership right of land to Koraga Sapalya as an agricultural labourer with a direction to Ganapathi Bhat to provide 3 ft. pathway for ingress and aggress to his residential house. This order was questioned by Ganapathi Bhat contending that the granting of ownership of 5 cents to Koraga Sapalya by the Tribunal is bad in law and similarly, Koraga Sapalya, also filed a writ petition stating that he was entitled to entire 25 cents and not for 5 cents.