SHANKARAWWA Vs. LAND TRIBUNAL

JUDGEMENT

(1.) ONE Basappa Wanageri died leaving behind his widow Parvathavva, two sons viz. , Kotrappa and Virupanna together constituting a Hindu Undivided Family. Kotrappa had two wives of which 1st wife Chadramma, since deceased, had a son Basavantappa, who died, leaving behind his widow Nootanamma, the 3rd respondent herein. The 2nd wife Shankarawwa, the 1st petitioner, had a son by name Manjunath, the 2nd petitioner, given in adoption to Virupanna. Kotrappa filed form No. 11 under Section 66 of the Karnataka Land Reforms Act, 1961, for short the Act, declaring 24 acres 36 guntas of 'b' class land as the total holding of the HUP. The land Tribunal, by order dated 9. 10. 1981 Annexure B, as an assumption that what was declared was 26 acres 36 guntas of 'a' class land, equivalent to 145. 10 acres of 'd' class land, determined 37 acres 10 guntas of 'd' class land to be excess of the ceiling limit. This order when called in question in W. P. 40070/1993, was quashed by order dated 10th October, 2001 Annexure C and the proceeding remitted for fresh disposal in accordance with law, after extending an opportunity to the parties to adduce evidence, if any. The Land Tribunal, on remand, recorded the statements of the 2nd petitioner, the adopted son of Virupanna and that of the 3rd respondent, Nootanamma. The Tribunal without an enquiry afresh into the actual extent of the holding and its classification, redeployed the determination made in its earlier order which was quashed i. e. the total holding of the joint family as 26 acres 36 guntas of 'a' class land, on conversion equivalent to 145. 10 acres of 'd' class land. Applying a notional partition, apportioned the properties into two shares of 72 acres 25 guntas, each, of which one share assigned to Koturappa, his mother Parvathavva and son Basavanthappa, together was held to be within the ceiling limit, while the other share assigned to Virupanna, after deducting 54 acres, being the ceiling limit for an individual, determined 18 acres 25 guntas as excess, by order dated 29. 5. 2002 Annexure 'g'. Hence this writ petition.

(2.) CEILING on land is provided for in Chapter IV of the Act, the relevant provisions are sub sections (2) and (4) of Section 63, which read thus:

(3.) THE term 'joint Family' is defined in sub Section (17) of Section 2a of the Act to mean persons governed by Hindu Law an undivided family and in case of other persons, a group or unit the member of which or by custom, joint in estate or residence. The term 'family' is defined in sub Section (12) of Section 2a, thus: