MANORAMA P ADAPA, W/O PRABHAKARA ADAPA Vs. RAMA, S/O LATE KUTTU MOOLYA; PUSHPAVATHI, D/O LATE KITTU MOOLYA; VISHWANATHA; GANGADHARA; SUNDARA; UMESH; PRADEEP; ADDITIONAL LAND TRIBUNAL; STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has assailed order dated 21.11.1978 passed by the eighth respondent Additional Land Tribunal, Bantwal, in LRT.No.TNC.2601/1974-75, TNC.857/1975-76. Annexure-'A' is the copy of the order.

(2.) The relevant facts of the case are that one Kittu Moolya, father of respondents 2 to 6 herein and Sanjeeva Moolya, father of respondent No.7 herein had filed Form No.7 seeking grant of occupancy rights in respect of several survey numbers including Sy.No.48/1 arraying one Smt.Umavathi as the owner of the lands in respect of which the claim was made. A copy of Form No.7 is filed as Annexure-'D' to the writ petitions.

(3.) The controversy in these writ petitions is with regard to Sy.No.48/1. Additional Land Tribunal, Bantwal, by impugned order dated 21.11.1978 granted an extent of 51 cents in Sy.No.48/1B1 and 17 cents in Sy.No.48/1C2 to Kittu Moolya and Sanjeeva Moolya jointly. That order is assailed in these writ petitions. At the outset, in response to the query raised by the Court with regard to the delay of 35 years in filing the writ petitions, learned counsel for the petitioner stated that the petitioner became aware of the impugned order only in the year 2012 when the name of the respondents 1 to 7 were entered in the revenue records and that she was not aware of the impugned order. Learned counsel therefore stated that the delay ought not to be taken note of as the petitioner has a good case on merits.