GOPAL Vs. KUMARI PREMA B.S.

JUDGEMENT

(1.) The case of the petitioner is that he was a tenant under father of respondent no.1 and filed Form No.7A for grant of occupancy rights in respect of 1 acre 11 guntas of land in Survey No.259/2, Ambale Hobli, Chikmagalur Taluk. The same was accepted. It was subsequently challenged before Karnataka Appellate Tribunal (KAT) by respondent no.1 and the same was allowed by setting aside the grant of occupancy rights made in favour of the petitioner. Aggrieved by the order dtd. 23/5/2013 passed by the KAT, the present writ petition is filed.

(2.) The order of the KAT is challenged on the ground that the father of respondent no.1 is not made a party to the proceedings and that the RTCs show that as on 1/3/1974 the land was being cultivated by father of the petitioner, which proves that he was a tenant of the property as on the relevant date.

(3.) Per contra, the respondents submit that, the father of the petitioner was the owner of the property. That he executed a sale deed in favour of the father of respondent no.1 on 28/7/1973 and thereafter there was some dispute between the father of petitioner and the father of respondent no.1 and it resulted in a compromise and thereafter the father of respondent no.1 got his name mutated in the revenue records and subsequently, the property was gifted to respondent no.1 and as she was the owner of the property, she conducted proceedings before the KAT and her father was not a necessary party over there and that the sale deed and RTCs when read together show that father of the petitioner, who was the owner of the property, sold it to father of respondent no.1 and that neither the petitioner nor his father were tenants of the property.