DAVALSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant herein has claimed tenancy rights in respect of R. S. No. 1384/3 known as 'hallikeri Dari Gudi Hola' as a tenant. It is not in dispute that Mr. Husensab, father of the present appellant initially filed Form No. 7 on 14-8-1974 in respect of Sy. Nos. 1075 and 1077. Again on 21-12-1976, he filed Form No. 7 for the second time in respect of the land in dispute i. e. , R. S. 1384/3. On 26-12-1977, occupancy rights were granted by the Land Tribunal, Navalgund in respect of this land. The same was questioned in Writ Petition No. 2307/78. The Writ petition was allowed and the matter was remanded back to consider the reasons if any given for filing delayed Form No. 7 i. e. , the second application. On 19-6-1981, the Tribunal rejected the application holding that he was not a tenant of the said land. Again Writ Petition No. 17298/81 came to be filed by the tenant and the Writ Petition was allowed quashing the orders dated 19-6-1981. The matter was remanded back to the Tribunal.

(2.) ON 12-12-1984, deceased Husensab and the legal representatives in question entered into compromise admitting the tenancy of the land in question. On 29-12-1991 occupancy rights were granted to the appellants as per majority opinion of the Land Tribunal. Respondent Nos. 3 to 12 raised objection with regard to filing of Form No. 7 for the second time. On 2-8-2006, a memo also came to be filed by the respondents along with the copies of two applications in Form No. 7 dated 14-8-1974 and 21-12-1976.

(3.) THE learned Single Judge on 14-9-2006 dismissed the application only on the ground of maintainability. The said order of the learned Single judge is under challenge before us.