NADAKERAPPA Vs. PILLAMMA

JUDGEMENT

(1.) BOTH these appeals arise out of the common order passed in W.P.Nos.27230/2002 and 23034/2002, which was filed by the appellants of W.A.No.1950/2007.

(2.) THE appellants of writ appeal No.1563/2007 are the legal heirs of late Nadikerappa, who was the 3rd respondent in both the writ petitions.

(3.) BRIEFLY stated, the appellants are the class I legal heirs of late Mariyappa. Said Mariyappa was the owner of the land bearing Survey Nos.4/7, 4/2, and 1/11, measuring 35 guntas, 25 guntas and 1 acre 14 guntas respectively of Srigandadakaval Village, Bangalore North Taluk, having purchased the same under a registered sale deed dated 30.08.1954 from its owner Venkatappa, son of Muneerappa. Nadikerappa claiming to be the tenant of the land, filed form No.7 for confirmation of the occupancy right in respect of the above mentioned lands and two other items in survey Nos.4/14 and 65. Vide its order dated 30.04.1982, the Land Tribunal granted occupancy rights in favour of late Nadikerappa over the lands bearing survey Nos.4/7 to an extent of 35 guntas, in survey No.4/2 to an extent of 25 guntas and in survey No.1/11 to an extent of 25 guntas. Certificate of registration was issued to him in respect of the said property on deposit of the premium amount of Rs.462/ - by late Nadikerappa. He was ordered to pay the compensation amount vide dated 27.11.1984. Name of one Ramakrishnappa, son of Byrappa was shown as the land owner in the order of the Land Tribunal, since that was the name shown by late Nadikerappa in his Form No.7 dated 30.10.1974. Nadikerappa had filed another Form No.7 dated 31.12.1974, leaving the column blank in respect of the owner of the land. Challenging the order of the Tribunal, Mariyappa filed writ petition No.12461/1984; during the pendency of the writ petition, Land Reforms Appellate Authority was constituted and the case was transferred to the said Authority and was numbered as LRA.No.179/1986, but the appeal came to be dismissed for default vide order dated 27.02.1989. Late Mariyappa had filed a petition before the Tahsildar, Bangalore North Taluk, to rectify the entry for the year 1989 -90 by arraying his name in respect of 29 guntas in survey No.1/11. Late Nadikerappa contested the matter, contending that he has been granted occupancy rights in respect of 25 guntas of land. The Tahsildar dismissed the petition of Mariyappa vide order dated 25.04.1992, which was appealed by late Mariyappa before the Assistant Commissioner in R.A.No.196/1992 - 93 and the appeal came to be dismissed on 26.10.1995. In the meantime, Mariyappa died in the year 1993 and a writ petitioners filed revision petition before the Special Deputy Commissioner against the order of the Assistant Commissioner in Revision Petition No.118/2001 and the same was allowed vide order 19.04.2002. Nadikerappa challenged the said order in his writ petition No.20187/2002, which came to be allowed vide order 01.07.2002, by setting aside the orders of all the three authorities below. The said order was confirmed in writ appeal No.3971/2002. In the meanwhile, late Nadikerappa filed a civil suit in O.S.No.7459/1991 before 7th Additional City Civil Court, Bangalore for injunction in respect of 1 acre 14 guntas of the land in survey No.1/11 of Srigandadakavalu village. He was granted temporary injunction against the owners. The writ petitioners challenged the said orders in MFA.No.319/1993 before this Court, which came to be dismissed on 08.07.1998, directing the writ petitioners not to cut and remove the standing Nilagiri trees on the land to an extent of 29 guntas. After a full -fledged trial, O.S.No.7459/1991 was decreed on 21.05.2003. Now the said judgment is in challenge in RFA.No.1134/2003 before this Court. The application filed by the appellants seeking stay of the judgment and decree of the trial Court is dismissed.