MASHNU Vs. LAND TRIBUNAL

JUDGEMENT

(1.) Aggrieved by the order dtd. 20/9/2017 passed by the 1st respondent - Land Tribunal, Khanapur, in No.KLR.OCP.SR- 20/11+1224/Modekop vide Annexure-J to the writ petition, the instant writ petition is filed.

(2.) The case of the petitioners is that, their late father was the karta of the joint family and was a tenant to an extent of 17 acres 10 guntas of land in Survey No.99, 03 acres 02 guntas of land in survey No.51 and 06 acres of land in survey No.40 of Modekop village, Khanapur Taluk. He filed form No.7 for grant of the said lands on behalf of himself as well as the joint family, which consisted of his brothers also. However, only a portion of the lands were granted in his favour and the same was challenged by way of W.P.No.1374/1989 and the matter was remanded back. The Land Tribunal now, by virtue of the impugned order has granted 08 acres of land in survey No.99, 06 acres in survey No.40 and 03 acres 20 guntas of land in survey No.51 of Modekop village, Khanapur Taluk, to the petitioners. The petitioners are satisfied with regard to grant of land in survey Nos.40 and 51, but are aggrieved by grant of only 08 acres of land in survey No.99, as opposed to 17 acres 10 guntas as claimed in Form No.7. Hence they have preferred the instant writ petition and the impugned order is challenged only to the extent of not granting the entire extent of land as claimed by the father of the petitioners.

(3.) The petitioners have relied upon Form No.7 filed by their late father and the affidavit respondent No.3 - land lord filed before the Land Tribunal, wherein it is stated that the entire extent of land in survey No.99 was being cultivated by the joint family of the father of the petitioners.