LAKSHMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioners assailing the order at Annexure-C dtd. 30/12/2004 passed by the Karnataka Appellate Tribunal (for short, 'the KAT') in appeal No.535 of 2003.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition are; the predecessor of the petitioners Rama Lakshman Nagojiche was a protected tenant of the lands bearing Sy.No.273 measuring 15 acres 39 guntas and Sy.No.271 measuring 2 acres 29 guntas situated at Nandihalli village of Belagavi Taluk and District. The entries in the revenue records of the lands in question stood in the name of the said Rama Lakshman Nagojiche right from the year 1948 onwards till the year 1971 and after the death of the original tenant, the entries continued in the name of the petitioner's father. In a proceeding initiated under the provisions of the Karnataka Land Reforms Act, 1961 (for short, 'the Act of 1961') for surrender of the lands in question, the Land Tribunal had passed an order on 17/6/1969 in respect of 8 acres of land in Survey No.273 and pursuant to the said order, the entries in respect of the lands in question were transferred in the name of the landlords as per the orders passed in proceeding bearing M.E.No.3070. It is the case of the petitioners that, though such an order was passed by the Tribunal, the lands in question were not surrendered to the landlords and tenants continued in possession and cultivation of said lands as and 1/3/1974 and even immediately prior to said date. However, they had not filed Form No.7 claiming occupancy rights of the lands in question. Thereafter, on 10/2/1992, petitioners had entered into an agreement for sale with the respondent-landlords for sale consideration of Rs.2,50,000.00 and under the agreement for sale, the petitioners allegedly had paid a total sum of Rs.1,55,000.00 to the respondent-landlords. However, thereafter respondent-landlords had not executed the sale deed in favour of the petitioners. After coming into force of Sec. 77-A of the Act of 1961, the petitioners had filed Form No.7-A dtd. 21/12/1998 with a prayer to register them as occupants of the lands in question. The Competent Authority vide order Annexure-A had allowed the claim of the petitioner Nos.2 to 4 and had registered them as the occupants of the lands in question. Being aggrieved by the said order at Annexure-A dtd. 16/12/2002, respondent- landlords had filed an Appeal before the KAT in appeal No.535 of 2003, which was allowed by the Tribunal on 30/12/2004. Challenging the same, the petitioners are before this Court.