K. T. VENKATAPPA Vs. SEETHAPPA

JUDGEMENT

(1.) This is a plaintiffs' appeal being aggrieved by the judgment and decree dtd. 31/1/2002 in O.S.No.240/1993 passed by II Addl. Civil Judge (Jr.Dn.) at Bangalore Rural District, Bengaluru, which came to be dismissed and the same having been confirmed in RA.No.170/2002 vide order dtd. 4/4/2006 by the District Judge and Presiding Officer, Fast Track Court No.V, Bengaluru Rural District, Bengaluru.

(2.) It is the case of the plaintiffs that the agricultural land bearing Sy.No.130/2 measuring 3 acres 30 guntas and Sy.No.133/2 measuring 1 acre 30 guntas situated at Kowdenahally, Bengaluru South Taluk absolutely belongs to their father Sri K.T.Venkatappa and that he was in actual possession and enjoyment thereof personally cultivating the land by raising Casurina and Eucalyptus trees therein. The RTC and other revenue records are in the name of their father and at no point of time, he had leased out the said lands to tenants.

(3.) It is further stated that Kowdenahally village was an Inam Village and pursuant to the abolition of the Inams under the Karnataka Personal and Miscellaneous Inams Abolition Act, 1954 their father Sri K.T.Venkatappa submitted his claim for registration of his occupancy rights before the Spl. Deputy Commissioner for Inams Abolition. The Spl. Deputy Commissioner, who was competent to adjudicate all such claims regarding such Inam land held an enquiry and passed an order in case bearing No. RC 52/1959-60 and RC No.172/1963-64 declaring Sri K.T. Venkatappa as an occupant and Kathedar in respect of aforesaid two lands along with other lands and an endorsement to that effect was issued dtd. 3/7/1964.