H R RAMASINGH Vs. D NAGESHA RAO

JUDGEMENT

(1.) This is a tenant's writ petition challenging the order passed by the Land Tribunal, Hoskote, rejecting his application for grant of occupancy rights under Sec.48A of the Karnataka Land Reforms Act, 1961 (to be hereinafter called the 'Act').

(2.) The only ground on which the application of the petitioner for grant of occupancy rights came to be dismissed is that he was serving as a Secretary of the Land Development Bank for over twenty years and that he is not a bona fide agriculturist.

(3.) Before considering this writ petition on merits it is necessary to dispose of I.A.No.1, filed on behalf of one Chuda Bai, D|o late Govindrao. She has claimed interest in Survey No.324/2-C measuring 1 acre 11 guntas situate at Hoskote as heir of late 'Govindarao and, has sought for impleading her as one of the respondents in this writ petition, She was not impleaded as a respondent before the Land Tribunal. The petitioner has opposed the impleading application on the ground that she is not the daughter of Govindarap and that she is the wife of the 1st respondent D. Nagesh Rao, son of D.Devoji Rao residing in Bangalore City. The 1st respondent's case is that he got the land in question under a lease executed by one Govindarao. The petitioner in I A. No. I had not produced any evidence in support of her claim that she was the daughter of Govindarao and that she inherited the land in question after her father's death. Further, in view of the stand taken by the 1st respondent that he got the land under will, his wife Chudabai cannot have any interest in the land during the life time of her husband Nagesh Rao. Therefore, it is plain that Chudabai has no interest in the land and, therefore, her claim for being impleaded as respondent is rejected.