RUKHYABI WIDOW OF DR. N.M. JAFFAR, 81 YEARS, SINCE DECEASED BY HER LEGAL REPRESENTATIVES FAIROZ ALI W/O T.S. MOHAMMED ALI, D/O RUKHAYABI, 72 YEARS AND OTHERS Vs. THE LAND TRIBUNAL (1ST) KARKAL. D.K. BY ITS CHAIRMAN, THE STATE OF KARNATAKA, BY IT

JUDGEMENT

(1.) LEGALITY and correctness of the order passed by the learned single Judge in WP No. 45100/2001 dated 4.1.2008 wherein the learned single Judge has confirmed the order of the Land Tribunal, Karkala in Case No. TRL 1465/77 -78. Heard the counsel for the appellants, Govt. Advocate for R -1 and 2 and Mr. Ravishankar Shastry for R -3(a) to (c).

(2.) ONE Monta Moily filed Form No. 7 before the Land Tribunal, Karkala claiming occupancy rights in respect of 76 cents of land in Sy.No. 89/4 and 50 cents of garden land in Sy.No. 89/1 of Karkala against one Rukhayabi daughter of A.S. Usman. Landlady objected for the grant of occupancy rights on the ground that house property standing in Sy.No. 89/4 was the subject matter of the lease and not the land and either the garden or wet lands were not given on lease to Monta Moily. Tribunal after going through the records came to the conclusion that as per the lease chit only Sy.No. 89/4 measuring 76 cents was granted on lease to Monta Moily and based on the spot inspection granted occupancy rights in respect of Sy.No. 89/1A measuring 95 cents, even though Monta Moily had claiming occupancy rights in respect of 50 cents of land in Sy.No. 89/1 and no land in Sy.No. 89/1A of Karkala. Aggrieved by the order of the land tribunal writ petition was filed before this Court in WP No. 28155/1982 was filed. During the pendency of this writ petition, due to the amendment to the Karnataka Land Reforms Act all the writ petitions were stood transferred to the Land Reforms Appellate Authority. Again due to the abolition of the Land Reforms Appellate Authority, matter was stood transferred to the High Court in CP 12356/1991 and which was re -numbered as WP 45100/2001. Learned single Judge after hearing the parties, relying upon the lease deed confirmed the order of the Land Tribunal by dismissing the writ petition. Challenging the same, present appeal is filed.

(3.) LEARNED Counsel appearing for the legal heirs of Monta Moily contends that as per the lease chit of 1953 entire 76 cents of land in Sy.No.89/4 of Karkala along with the existing house wereleased to Monta Moily and thereafter adjoining survey number in Sy.No.89/1A measuring 95 cents was also leased to Monta Moily, land tribunal after inspecting the spot has granted occupancy rights rightly in favour of the tenant in respect of both the lands. In the circumstances, he requests the court to dismiss the appeal.