MARISHETTY Vs. LAND TRIBUNAL NANJANGUD TALUK

JUDGEMENT

(1.) THE petitioner assailing the legality and validity of the order dated 30-9-1981 in case Nos. LRF 56, 55/74-75 passed by the Land Tribunal, Nanjangud, insofar as 1 acre 6 guntas in Sy. No. 228/3 of Byalaru Village, Nanjangud Taluq has filed this writ petition.

(2.) THE case of the petitioner is that, the land in Sy. No. 228/3 of Byalaru village in Nanjangud Tq. , measuring 2 acres 12 guntas excluding 2 guntas of kharab originally belonged to Shettaiah, the father of the petitioner. The said land is the ancestral property. After the demise of the petitioner's father, the petitioner and his brother Madashetty succeeded to the said property. His brother Madashetty was dumb and was unmarried, continued to live with the petitioner till his death. The katha stood in the name of Madashetty, after the demise of their father. The petitioner's brother Madashetty mortgaged the said land in favour of Chikkamma w/o. Rangashetty in the year 1932. Subsequently, simple mortgage was created in favour of Devarajaiah by the petitioner and his sister Sannamma during 1938. Further, the case of the petitioner is that, subsequently, out of 2 acres 12 guntas, an extent of 1 acre 6 guntas was sold in favour of Nagaiah, the 3rd respondent herein and the remaining extent of 1 acre 6 guntas continued to be the property of the petitioner and he is in possession, enjoyment and cultivation of the same as owner. To substantiate his case, he has relied on the RTC for the agricultural years 1971-72 to 1975-76 in which the name of petitioner's brother madashetty is shown as Khatedar, In the cultivators column, the name of madashetty for the year 1971 -72 and Smt. Puttamma w/o. Krishnappa for the years 1973-74 and 1974-75 are shown. He has also produced the RTC for the years 1981-82 to 1985-86 wherein the petitioner's name is shown as cultivator of 1 acre 6 guntas and the kathas stood in the name of his brother madashetty.

(3.) WHEN things stood thus, the 2nd respondent herein claiming to be the tenant under the 3rd respondent had filed Form 7 for grant of occupancy rights. The Land Tribunal registered the same and after considering both oral and documentary evidence, granted occupancy rights in favour of the 2nd respondent to an extent of 2 acres 12 guntas of the land in question. The petitioner was not impleaded as a party to the proceedings before the Land tribunal and behind the back of the petitioner and without issuing notice the tribunal has granted the occupancy rights in favour of the 2nd respondent contrary to the entries found in the RTC extract. The petitioner came to know about the order of the Land Tribunal only when he received notice from the taluka Surveyor of Survey Department in the year 1997. The survey was conducted in the presence of the petitioner and the 2nd respondent. As per the survey and sketch prepared by the Surveyor, the 2nd respondent is in possession of 1 1 guntas in Sy. No. 228/2 and 1 acre 5 guntas in Sy. No. 228/3. The petitioner is in possession of 1 acre in Sy. No. 228/2 and 1 acre 7 guntas in Sy. No. 228/3. Immediately he has presented this writ petition without any further delay assailing the correctness of the order of the Land Tribunal.