LAWS(KAR)-2013-12-340

SMT PADMA AND ORS. Vs. THE STATE OF KARNATAKA REP BY ITS REVENUE SECRETARY, THE ASSISTANT COMMISSIONER/LAND TRIBUNAL CHAIRMAN, RAMANAGARA SUB-DIVISION, SMT CHALUVAMMA AND SRI V. SRINIVASAMURTHY

Decided On December 06, 2013
Smt Padma And Ors. Appellant
V/S
The State Of Karnataka Rep By Its Revenue Secretary, The Assistant Commissioner/Land Tribunal Chairman, Ramanagara Sub -Division, Smt Chaluvamma And Sri V. Srinivasamurthy Respondents

JUDGEMENT

(1.) THE order of the Land Tribunal, Channapatna Taluk, Channapatna dated 17.07.1986 is assailed in this Writ Petition. The petitioners claim to be the absolute joint owners of the land bearing Sy. No. 13 measuring 2 acres 4 guntas situated at Thattekere Village, Kasaba Hobli, Channapatna Taluk, Ramanagara District. It is stated that the land originally belonged to landlord by name Sri. V. Srinivasmurthy who is arrayed as respondent No. 4 herein. Respondent No. 3 -Smt. Chaluvamma W/o. late Mahigaiah had prosecuted the lis pertaining to Form No. 7 filed by her late husband before the Land Tribunal against the landlord. By order dated 17.07.1986, the Land Tribunal granted the aforesaid extent of land to the 3rd respondent. That order is assailed by the petitioners on the ground that the aforesaid land was purchased by the petitioners under a registered sale dated 10.4.1979. It is under these circumstances, the petitioners contend that having purchased the land in question, they should have been substituted as landlords before the Land Tribunal and in the absence of their participation, the impugned order is illegal. It is under these circumstances, the order dated 17.07.1986 is assailed by contending that the petitioners are in possession of the aforesaid land having purchased the same on 10.04.1979.

(2.) I have heard the learned Counsel for petitioners and learned Government Pleader appearing for respondents 1 and 2 on advance notice and perused the material on record.