SATEESH GANAPATHI KADAM Vs. THE LAND TRIBUNAL

JUDGEMENT

(1.) THE judgment and order dated 17.01.2013 passed by the learned Single Judge in W.P. No. 40890/2003 (LR) is questioned in these writ appeals. By the impugned judgment, the learned Single Judge has confirmed the order passed by the Land Tribunal, Chikodi dated 28.04.2003.

(2.) THE questions that arose for consideration before the Tribunal as well as before the learned Single Judge in the writ petitions are:

(3.) THE lands in question were coming in Kolhapur State earlier. The said State had enacted the law called Debt Conciliation Act, 1943. The predecessors -in -title of Inamdars filed application on 22.06.1943 under the provisions of the said Act for discharge of mortgage debt in application No. PF. 17/1353 (Fasli) before the Debt Conciliation Board against Hatrotes. By the order dated 26.01.1945, the Debt Conciliation Board held that the mortgage debt stood extinguished and that the Inamdars were entitled for possession of lands free from encumbrance. However, there is no record to show that the said order of the Debt Conciliation Board was executed or that the possession was handed over to the Inamdars in pursuance of the order dated 26.01.1945 by Hatrotes.