AKKAYAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the third round of litigation before this Court between the parties in respect of a claim for occupancy rights which had its beginning three decades ago.

(2.) ONE Rangaiah of Kallunayakanahalli Village, Nelamantala Taluk, and his daughter Smt. Akkayamma (petitioner in W. P. No. 38796/1998) filed a joint application for grant of occupancy rights in respect of 1 acre 20 guntas of land in S. No. 1/1 of Kallunayakanahalli Village. Rangaiah's son one K. R. Rangaswamaiah (petitioner in W. P. No. 8718/1999) also joined the fray by filing an application for occupancy rights in respect of the very same land. The order passed by the Land Tribunal first in favour of Akkayamma led to a writ petition being filed before this court and after remand on the second occasion, the Land Tribunal passed an order in favour of rangaswamaiah and again the matter reached this court only to be remanded and, after the said remand, the Land Tribunal, Nelamangala, passed the impugned order dated 17. 10. 1998 declaring rangaiah entitled to occupancy rights as tenant and, as both Rangaiah and his daughter Smt akkayamma were dead, the Tribunal further ordered that all the children of Rangaiah are entitled to occupancy rights and as far as Akkayamma is concerned, following her death, her husband Venkatanarasaiah is entitled to be declared as tenant in respect of her share. It is this order of the Land Tribunal that that has given rise to the two writ petitions - one by Rangaiah's son Rangaswamaiah, whose claim was rejected, and the other by Venkatanarasaiah, husband of deceased Akkayamma. Hence, common order is passed.

(3.) HEARD the learned counsel for the parties.