RATI ALIAS VARIJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the petitioner has called in question, the orders dated 24-12-1976 (Annexures-C and D respectively) passed by the Land tribunal, Karkala, whereby, the petitioner's application seeking grant of occupancy right was rejected and the application of the 3rd respondent was allowed.

(2.) THE petitioner and the 3rd respondent are the children of late Sri parameshwara Shervegara. Parameshwara Shervegara was the tenant of the lands in question. The 4th respondent purchased the said lands from its previous owner under a registered sale deed dated 23-6-1959. Parameshwara Shervegara had taken the lands from the 4th respondent on lease on 4-10-1959. Parameshwara Shervegara died prior to 1-3-1974. The petitioner married 4th respondent, the owner of the properties in question.

(3.) AFTER coming into force of the Karnataka Land Reforms Act, 1961 as amended by Act 1 of 1974, the petitioner filed an application in Form 7 for grant of occupancy right in respect of the lands in question as a legal representative of the deceased Parameshwara Shervegara, her father. Likewise, her brother, the 3rd respondent also made a similar application for grant of occupancy right in respect of the lands in question. The Land Tribunal, by the order dated 24-12-1976 (Annexure-C) rejected the application of the petitioner on the ground that she cannot claim tenancy under her husband. The application of the 3rd respondent was allowed and occupancy right was granted in his favour in terms of the order dated 24-12-1976 (Annexure-D ).