B SOMANATHA RAO Vs. KARMIL D SOUZA

JUDGEMENT

(1.) THIS writ petition is filed by the deceased-Somanath son of V. Seetharama rao to quash the order dated 18-8-1998 passed by the Addl. Land Tribunal, Bantwal in Case nos. TNC. 7019/74-75, 7000/74-75 and 8590/74-75 ordering registration of land measuring 2 acres 76 cents in Survey No. 44/1b2b2 of Bantwal Mooda village whereby the Tribunal granted occupancy right in favour of deceased first respondents 1 to 3.

(2.) THE case of the petitioners in brief are that the deceased-petitioner was the owner of the land bearing Survey No. 44/1b2b measuring 2 acre 72 cents of Bantwal Muda village and he was in possession and enjoyment of the same and the said land is dry land containing karee mara tree growth raised. Those trees were reared and preserved by the deceased-petitioner and it is not used for any agricultural purpose. Therefore, the provisions of Karnataka Land Reforms Act does not apply as the land in question is not fit for cultivation. At no point of time the deceased-respondents 1 to 3 cultivated the land on lease basis and the kareemara trees raised therein being sold fom time to time to various persons by the deceased-petitioner. The land in question was never the subject-matter of the lease or tenancy. Deceased-respondents Nos. 1 and 3 and Benjamin D'souza (husband of R-2)were tenants in respect of some other agricultural lands namely paddy fields. Survey No. 44/1b2b2 is a kareemara forest land surrounded by agalu. The deceased first respondent-Kamal D'souza was appointed as a watchman to watch and preserve the said kareemara trees on an annual remuneration of one mura of rice. One mora of rice which was payable for the agricultural lands therefore the deceased first respondent had no right over the land in question over which kareemara trees was grown. The receipts if any issued to deceased first respondent for payment of rental in respect of agricultural lands and the said one mora of rice was given deductions for watching kareemara plantation and there was no claim made even in the application filed under S. 48-A of KLR Act in the aforesaid cases by deceased-respondents 1 and 3 and the deceased-respondent No. 2 i. e. , Benjamin D'souza. The RTC also stands in the name of deceased-petitioner-B. Somanatharao. It is further case of the L. Rs. of the deceased-petitioner that in the first instance the Land Tribunal, Bantwal. conferred the occupancy right in respect of the land in question in favour of the deceased-respondent nos. 1 and 3 deceased-Bejamin D'souza i. e. , respondent No. 2 by a majority opinion. But the Chairman of the Land Tribunal had given dissenting opinion even in the first instance. Therefore the writ petition filed by the deceased-petitioner in w. P. 9799/77 was allowed by quashing the order dated 27-6-1977 and remanded the matter on the ground that a fresh enquiry is to be held by the Tribunal. After remand an impugned order came to be passed on 19-8-1988 which is liable to be quashed.

(3.) HEARD the arguments of the learned counsel for the petitioners and L. Rs, of respondents 1 to 3 and the learned High Court Govt. pleader for respondents 4 and 5.