CHIKKAVENKATARAYAPPA AND ORS. Vs. MUDDAPPA AND ORS.

JUDGEMENT

(1.) This appeal under Section 100 of the CPC is directed against the judgment and decree in R.A.No.63/2008 dated 22.9.2012 on the file of the Senior Civil Judge and JMFC, Sidlaghatta.

(2.) Muddappa is the plaintiff in the suit. The defendants are Chikka Venkatarayappa and Ramakka. The plaintiff and the first defendant are undivided brothers and the second defendant is their sister. It is the case of the plaintiff that his grand father was cultivating the suit schedule properties (for short 'the land') as a tenant. After his death, his father was cultivating the said land. After the amendment of the Karnataka Land Reforms Act, 1961 ('Act' for short) in the year 1974, neither the plaintiff nor the first defendant filed form No.7 for grant of occupancy rights. The first defendant being the elder brother was managing the family after the death of their father. He has not given any share to the plaintiff in the joint family properties. Therefore, the plaintiff filed a suit for partition and separate possession of the family properties in O.S.No.47/1989. The said suit was decreed and final decree proceedings in FDP No.1/2001 are pending for final adjudication. During the year 1998, the first defendant filed an application in form No.7A before the competent authority under Section 77-A of the Act for grant of land. The competent authority has granted the said land in favour of the first defendant for and on behalf of the family. The plaintiff has approached the first defendant for allotment of his share in the said land. However, defendant No.1 refused to allot his share with ulterior motives.

(3.) Defendant No.1 filed the written statement contending that the plaintiff and the defendants are not the members of the undivided joint family for the past over 25 years. The plaintiff was separated from the first defendant about 25 years back. The first defendant alone was cultivating the land as a tenant. The land vested in the State Government after the Land Reforms Amendment Act, 1961 came into force in the year 1974. He filed form No.7-A before the competent authority for grant of land. At the time of filing of the application, his family consisted of his wife and children. The plaintiff was not a member of the family. After considering the application, the competent authority granted the land exclusively in his favour.