KUTABUDDIN SAHEB Vs. MEHBOOBSAB

JUDGEMENT

(1.) The petitioners have preferred the instant writ petition with a prayer to quash the order Annexure - A dtd. 27/6/2007 passed by the Land Tribunal, Gokak, granting occupancy rights of the land bearing Block No.209 measuring 6 acres 34 guntas situated at Melavanki Village, Gokak Taluk, Belagavi District jointly in the name of the petitioners and respondent Nos.1 to 6.

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

(3.) The petitioners' claim under late Shamshuddin Mulla, who was a protected tenant in respect of the land in question under respondent Nos.7 and 8. It is their case that the revenue records of the land in question stood in the name of late Shamshuddin Mulla for the year 1941-42 up to 1980 and the said entries also reflect that late Shamshuddin Mulla was a protected tenant. After coming into force of Act No.1 of 1974, late Shamshuddin Mulla and his three brothers had filed separate Form No.7 under the Karnataka Land Reforms Act, 1961 claiming occupancy rights of the land in question. The Tribunal initially by order dtd. 28/7/1981 granted occupancy rights of the land in question in favour of aforesaid late Shamshuddin Mulla and had rejected the other three Form No.7 filed by his brothers namely Mahaboob Sahab, Modulal and Masoom Sahab. The said three brothers of late Shamshuddin Mulla had filed W.P. Nos.20063-20065/1981 challenging the order dtd. 28/7/1981 passed by the Tribunal granting occupancy rights of the land in question in favour of late Shamshuddin Mulla. This Court vide order dtd. 7/2/1984 had allowed the said writ petitions and remitted the matter to the Tribunal for fresh consideration. Thereafter, the Tribunal vide the order Annexure - A dtd. 27/6/2007 had granted occupancy rights in respect of the land in question jointly in the name of the legal representatives of the late Shamshuddin Mulla and the legal representatives of his brothers, who had earlier challenged the order passed by the Land Tribunal dtd. 28/7/1981 before this Court. Assailing the said order, the legal representatives of late Shamshuddin Mulla are before this Court.