LAKSHMINARAYANA ADIGA Vs. RAMAKRISHNA ADIGA

JUDGEMENT

(1.) the petitioner claims to be in possession of property comprised in survey number 14/27, measuring 24 cents of uppoor village, udupi taluk, which also consists of a residential house in a portion thereof.

(2.) respondent No. 1 filed an application under Section 41 of the karnataka Land Reforms Act, 1961 (in short 'the act') before the tahsildar stating that he is in possession of the said property as a moolageni tenant; that the petitioner had filed an application in form No. 7 before the tribunal and on that basis the land tribunal had granted occupancy rights in his favour and against that order a writ petition was preferred before this court and the order was set aside and the matter was remitted to the tribunal and thereafter an order was made on 13-9-1985 by thetribunal whereunder respondent No. 1 was declared to be tenant in respect of eastern portion of 16 cents of land including the house in the aforesaid survey number, while in regard to the balance of land the petitioner was declared to be the occupant. However, petitioner having forcibly secured possession of the land in question and the house thereof, respondent No. 1 made the application before the tahsildar under Section 41 of the act as aforesaid,

(3.) petitioner contended that he is the brother of respondent No. 1 and hadbeen residing in the house situate in the property in question along with his mother; that the land in question was taken on tenancy in the name of the first respondent in the year 1945 for and on behalf of the family; that even during the lifetime of the father of the petitioner the first respondent secured tenancy in his own name and first respondent did not construct the house; that it was constructed out of the family funds; that he got the same repaired and his mother also had given declaration in that regard; that he also has a joint right along with his brother in the said 8 cents as well as the 16 cents of land; that in the circumstances first respondent has no right to claim possession of the land under Section 41 of the act and that it does not relate to the question of landlord and tenant.