GAJANANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, is filed assailing the order at Annexure-A dtd. 26/12/2017 passed by the respondent No.2-Land Tribunal in proceedings bearing No.PrakaranaSam.LRT/SR-44/127+67.

(2.) Heard the learned counsel for the parties and also the learned Additional Government Advocate, who has made available the original records of the case for the perusal of the Court.

(3.) Facts leading to filing of this writ petition as revealed from the records, narrated briefly are; the lands bearing Sy.No.125/12A, 125/12B, 125/13, 125/14A and 125/14B of Melin Idagunji village, Honnavar taluk, Uttar Kannada district (hereinafter referred to 'the lands in question'), originally belonged to one Sri.Narayana Bhat. It appears that he had leased the lands in question by way of granting moolageni rights to Smt.Mahalaxmi Hegde prior to 1921. Under a registered deed dtd. 13/10/1921, Smt.Mahalaxmi Hegde transferred the moolageni rights in favour of Shivaram Narayana Hegde and after the death of Shivaram Narayan Hegde, his daughters namely Smt.Seetabai and Smt.Savitri succeeded to the lands in question and continued as mulageni tenants. In a partition between Smt.Seetabai and Smt.Savitri, the lands in question, of which moolageni rights were jointly held by the sisters, was allotted to the share of Smt.Seetabai, who subsequently sub- leased her rights over the lands in question under a registered sagavalli deed in favour of Noidabing Ram Naikon 23/2/1929.