JADIYAPPA Vs. LAND TRIBUNAL REPRESENTED BY ITS CHAIRMAN

JUDGEMENT

(1.) This appeal is filed by the appellants questioning the validity and correctness of the order dated 24.07.2012 passed by the learned Single Judge in Writ Petition No.24195/2003(LR), whereby the Writ Petition filed by the respondent Nos.2 and 3 came to be allowed by setting aside the order challenged in the Writ Petition and remitted the matter to the Land Tribunal for fresh consideration keeping in view the observations made by the learned Single Judge during the course of the order passed in Writ Petition.

(2.) The facts in brief which gave rise to this appeal are as follows:

(3.) Questioning the validity and correctness of the order passed by the learned Single Judge, this appeal is preferred by the appellants on the ground that the order passed by the learned Single Judge is illegal and contrary to law. The observation made by the learned Single Judge that despite the judgment and decree passed in O.S.No.216/1956, it is the jurisdiction of the Land Tribunal to make an enquiry as to who is in possession and cultivation of the land as on appointed date is not proper. The learned Single Judge has failed to take note of the fact that the respondents are claiming tenancy right through their father Kempaiah who filed a suit O.S.No.216/1956 before the Munsiff Court, Doddaballapur for declaration that he is permanent tenant of the scheduled property under 'Jodidar' by paying 'Kandayam' for 30 years and for grant of permanent injunction restraining the father of the appellants from entering into the suit scheduled land and disturbing the possession of the plaintiff- Kempaiah, which came to be dismissed on merits by judgment and decree dated 25.03.1959. The learned Single Judge has also failed to note that the finding given by the Civil Court as to the possession of the land at an undisputed period of time is binding on the Land Tribunal.