KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) It is not in dispute that land bearing Sy.No.126/1 was standing in the name Talavar Jakkappa. On the basis of a Will dtd. 19/12/1984 executed by one Bajappa, a claim was made to mutate the revenue entries in respect of Sy.No.125/1. This claim was accepted by the revenue authorities with the following shara: varticular text omitted

(2.) Thus, as per the extract, though the Will pertains to Sy.No.125/1, the khatha was nevertheless mutated with respect to Sy.No.126/1. It is not in dispute that the khatha in respect of Sy.No.126/1 stood in the name of Talawara Jakkappa. The respondent No.5 has in fact produced RTCs from the year 1973-74 to 1977-78 in respect of Sy.No.126/1 which indicates the name of khathedar was Talawara Jakkappa.

(3.) If the revenue entries stood in the name of Talawara Jakkappa, the authorities were not empowered to mutate the revenue entries on the basis of a Will executed by one Bajappa. It appears, thereafter the respondent No.5 who claims to be daughter of Talawara Jakappa had instituted O.S.No.228/2014, seeking for a declaration that she was the owner of the property on the basis of succession and the said suit is pending consideration. In the said suit, the legatees of Bajappa and the persons who had purchased the land from Bajappa have been arrayed as defendants.