LAWS(KAR)-2023-7-761

MAGEPPA Vs. BALAPPA GAIBI KARIGAR

Decided On July 05, 2023
Mageppa Appellant
V/S
Balappa Gaibi Karigar Respondents

JUDGEMENT

(1.) These two writ petitions are filed challenging the order, dtd. 4/8/2011, passed by the respondent - Land Tribunal in proceeding bearing TNC : SR : 142 / BADABYAKUD granting occupancy rights of the land bearing R.S. No.88, measuring 20 acres 4 guntas, situated at Badbyakud Village, Raibag Taluk, Belagavi District (hereinafter referred to as "the land in question") in favour of the legal representatives of the 1st respondent / original claimant and therefore, the writ petitions are heard together and disposed off, by this common order.

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

(3.) Facts leading to filing of these two writ petitions, as revealed from the records, narrated briefly are, the land in question originally belonged to one Sri.Gopalrao Deshpande. After his death, his son Virupaxi Deshpande had succeeded to the said property. Virupaxi Deshpande had died leaving behind his widow - Indira Deshpande and two sons namely Madhukar Deshpande and Sharad Deshpande. The land in question is an agricultural land and one Sri.Satteppa Karigar, the grandfather of the claimant was the protected tenant of this land, which is evident from the revenue records of the land in question. After the death of Satteppa Karigar in the year 1965, the names of his legal representatives was entered in the revenue records of the land in question. Satteppa Karigar had died in the year 1965 leaving behind his three sons namely Venkappa, Gaibu and Ramappa.