K GURUVAPPA Vs. MANJAPPA HENGSU

JUDGEMENT

(1.) This appeal is directed against the order dated 13.9.1977, passed in W.P. No. 8050 of 1977, which had been preferred by the appellants and came to be dismissed at the stage of preliminary hearing. In the said writ petition, the order dated 29.6.1977, passed by the Land Tribunal, Mangalore, in LRT. 832-75-76, was sought to be quashed.

(2.) As the writ petition has been dismissed at the stage of preliminary hearing, we do not consider it absolutely necessary to go into the actual reasons put forth in the impugned order. We deem it just and appropriate to go to the considered order of the land Tribunal itself, in exercise of the appellate powers. The order of the Tribunal which is at Ext.'A', discloses that respondent-1-Manjappa Hengsu filed Form No. 7, informing the land Tribunal that the lands in question are the leasehold lands of herself, the appellants, respondents 2, 6, 7. She requested that as all of them are tenants, of the lands in question, all of them be registered as occupants.

(3.) Memorandum of Writ petition shows the relationship amongst these persons in paragraph 2. Paragraph 4 of the memorandum of writ petition makes out that appellant 1- petitioner-1 claimed before the land Tribunal, that he be registered as occupant of two lands in Kannur village and 7 lands of Alpe Village and that appellant-2' claimed that he should be registered as an occupant in respect of the remaining lands. In other words, the claim of the appellants was for registration as occupants in favour of themselves, to the exclusion of respondents namely, respondents-1, 2, 6 and 7 . The order of the Tribunal discloses that the Tribunal recorded statements of appellant-1 and others including the landlord and that the landlord stated that all the parties before the Tribunal who was claimed registration of occupancy rights in their favour, were his tenants. It is on consideration of these facts and circumstances and after verifying the revenue records, the Tribunal has passed the order that the appellants and respondents are to be registered as occupants of these lands.