GOVINDARAJA IYENGAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has prayed that the order dt. 23-11-1976 passed by the Land Tribunal, Krishnarajanagar, in case No. LRF 932/75 76 conferring occupancy right over 3 acres 10 guntas of land ia Sy.No. 608 of Hanasoge village, Krishnarajanagar Taluk, in favour of respondent 3, be quashed.

(2.) The petitioner has contended that he was inducted in the Indian Army on 10-6-1963 and the lease in favour of respondent 3 was created at that time. He was discharged on grounds of health by 29 10 1971. He filed resumption application before the Munsiff, Krishnarajanagar in RLC No. 80 of 1970. The Munsiff rejected his application on technical grounds. He preferred an appeal before the Dist. Judge and, in the meanwhile, S.133 of the Kar. Land Reforms Act, 1961 (hereinafter called 'the Act') came into force and, therefore, the Dist. Judge referred the issue of tenancy to the Land Tribunal. In the mean while, respondent-3 filed Form 7 before the Land Tribunal and it issued notices. The petitioner appeared before the Land Tribunal and filed his written objections on 11 3 1976. The petitioner was not well and, therefore, he could not appear. He sent an application for an adjournment and the land Tribunal adjourned the case; No further date was intimated to the petitioner and he came to know of the impugned order when he made enquiries in the office of the Land Tribunal, later.

(3.) Ext.-A shows that the petitioner disputed the claim of respondent 3 by filing written objections. Respondent-3 has made only the petitioner as opponent before the Land Tribunal. Both the counsel appearing on behalf of the petitioner and respondent 3 stated before me that when the petitioner joined the Indian Army, he and his brother Srinivasa lyengar were joint and that there was a partition between them in the year 1971 and that thereafter, the petitioner became the exclusive owner.