NOEL F C PINTO Vs. MAGDELIEN MASCARENHAS

JUDGEMENT

(1.) THE properties in question admittedly belonged to one William Pinto. The 1st respondent, magdelien Mascarenhas had made an application in Form 7 for grant of occupancy rights in respect of the said lands. The Land Tribunal, Mangalore, by its order dated 6-10-1981, granted occupancy rights in respect of the said lands in favour of the 1st respondent. Feeling aggrieved by the said order, the wife and children of the said William Pinto had filed W. P. No. 31030 of 1982. The 1st respondent had died when the matter was pending before this Court. During the pendency of the said writ petition, since the Land Reforms Appellate Authorities were constituted, the matter was transferred to the Land Reforms Appellate Authority, Mangalore, by the order dated 23-7-1986 and registered as Appeal No. LRAT 718 of 1986. The Land Reforms appellate Authority, by its order dated 11-9-1987 held that since steps are not taken to bring the l. Rs of the deceased 1st respondent on record, the appeal stands dismissed as abated. The relevant portion of the order reads as follows.-

(2.) THEREAFTER, four applications were filed by the landlord, numbered as I. A. No. I of 1989 under order 22, Rule 9 of the CPC, I. A. No. II of 1989 under Section 5 of the Limitation Act, 1963, i. A. No. III of 1989 under Order 22, Rule 4 of the CPC, I. A. No. IV of 1989 under Section 5 of the Limitation Act and a Miscellaneous Case No. 22 of 1989 under Rule 10 of the Karnataka land Reforms (Appellate Authority) Rules, 1986 read with Section 151 of the CPC. All these applications were filed by the landlords before the Land Reforms Appellate Authority on 17-8-1989. The said I. A. 's were filed for setting aside the abatement, for condonation of delay and for bringing the L. Rs of deceased 1st respondent on record and for seeking condonation of delay in filing miscellaneous petition respectively.

(3.) AFTER abolition of the Land Reforms Appellate Authorities, the petitioners filed a civil petition before this Court, seeking retransfer of the matter to this Court in C. P. No. 7764 of 1991, which later converted into the present writ petition.