LAXMAN Vs. THE LAND TRIBUNAL

JUDGEMENT

(1.) THESE writ petitions are filed by the persons who are impleaded as respondents in a proceedings before the land Tribunal, Belgaum in Belgaum/SR -318A + 602 with reference to the land bearing Sy. No. 552 situated in Belgaum Village, Belgaum Taluk and District measuring to an extent of 6 acres 37 guntas. The said land was the property of one Bharamanna as propositus of his joint family. It is admitted that, Bharamanna had four sons by name, Dundappa, Khandu, Omanna and Bhimanna. Out of that, only second son Khandu who had children and other three died issueless. The said Khandu is said to have sired a son by name Yallappa, who in turn had five children, namely, Nilkanth, Krishnabai, Vishnu, Ananth and Gopal. In the present proceedings, the dispute is concentrated between the legal representatives of Nilkanth, who died in the year 1960 and the legal representatives of Vishnu.

(2.) SOFAR as the land bearing Sy. No. 552 is concerned, an application in form No. 7 was filed by one Mayappa Balappa Patil on 26.08.1974. In the said application, he had sought for occupancy rights in respect of two properties, one in land bearing Sy. No. 552 i.e., the subject matter of present writ petitions measuring to an extent 6 acres 37 guntas and another property in the same vicinity and village bearing Sy. No. 551 measuring 2 acres. Admittedly, the application in form No. 7 came to be allowed on 14.09.1981 granting occupancy rights in favour of the applicant Mayappa Balappa Patil.

(3.) IT is seen that, when the said proceeding was pending before the land Tribunal in proceeding No. Belgaum/SR -318A + 602, the parallel proceedings with reference to the right of the parties i.e., right of the legal heirs of deceased Yallappa was commenced in a suit filed for partition in O.S. No. 56/1973 before the Belgaum Court. It is seen that O.S. No. 56/1973 is filed by Vishnu, Yallappa's third son against the wife and children of his elder brother Nilkant and also against his other two brothers Arrant and Gopal. In the said suit, in addition to other properties of the family, the property in question in the aforesaid proceedings, for which Mayappa Balappa Patil staking claim was also included. The said suit for partition was allowed granting 1/4th share each to Nilkant, Vishnu, Anant and Gopal in respect of all the properties of Yallappa who is the grandson of original propositus Bharamanna. It is seen that the said judgment and decree passed in O.S. No. 56/1973 was the subject matter of two first appeals in RFA Nos. 340/1982 and 369/1982. Both the first appeals came to be dismissed on 24.01.1983 and 13.12.1984 respectively, thereby the judgment and decree passed in O.S. No. 56/1973 was confirmed. Pursuant to that, it is stated that, a final decree proceeding was commenced in FDP No. 20/1984, which ended in final decree being drawn on 22.03.1994. As against that, execution petition also initiated in E.P. No. 216/1994, in which all the properties of the said suit was divided among four children of Yallappa, except land bearing Sy. No. 552, which was the subject matter of form No. 7 filed by Mayappa Balappa Patil.