GURUNATH Vs. CHAIRMAN,LAND TRIBUNAL RAMADURG

JUDGEMENT

(1.) The petitioners being the legal representatives of the original owner have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dtd. 10/3/2011, passed by the Land Tribunal, Ramadurg produced as per Annexure-D, conferring occupancy right in favour of the tenants i.e., respondent Nos.3 to 6.

(2.) Heard Sri Sangram S.Kulkarni learned counsel for the petitioners, Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2 - State and Sri Chetan Munnoli, learned counsel for respondent Nos.3 to 6. Perused the materials on record.

(3.) Learned counsel for the petitioners contended that the land in Sy.No.129 measuring 9 acres 19 guntas, situated of Chunchannur village, Ramadurg taluk was owned by the original owner Gurunath Joshi. The land was leased in favour of Basappa Hubballi, who was cultivating the land. But the tenant surrendered the possession of the land in favour of the owner during 1957, under the provisions of Bombay Tenancy & Agricultural Land Act, 1948 (' BTAL Act ' for short). The said Basappa died on 22/2/1961. In the meantime, the son of Basappa by name Bhimappa Hubballi started interfering with the possession of the owner. Therefore the owner had filed the suit in RCS.No.17/1963, seeking permanent injunction against Bhimappa. Even though the Trial Court dismissed the suit, the appeal in R.A.No.1649/1965 preferred by the owner, came to be allowed as per Judgment and decree dtd. 11/8/1969, and permanent injunction was granted against Bhimappa. The Appellate Court, categorically held that the owner is in possession and enjoyment of the property in question.