MANJAPPA Vs. LAND TRIBUNAL SHIMOGA

JUDGEMENT

(1.) This is a owner's writ petition challenging the order passed by the Land Tribunal, Shimoga Taluk, granting occupancy rights in favour of the 2nd respondent in Survey No.227 measuring 4 acres of Harobenavalli village in Shimoga Taluk.

(2.) The case of the petitioner is as follows: Originally this land was an inam land One Someshwara Sastry was the Inamdar. He died leaving behind him two sons viz Gunda Sastry and Rama Sastry. Rama Sastry died leaving behind him his son Somanath and his wife respondent-3.

(3.) This land was vested in the Government on 2-10-1956 under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (to be hereinafter called the Inams Abolition Act). After the date of vesting the 2nd respondent preferred a claim before the Special Deputy Commissioner for Inams Abolition, Shimoga alleging that he was the tenant of the land. The Special Deputy Commr by his order dated 9-8-1958 rejected the claim of the 2nd respondent in respect of Sy No.227. The 3rd respondent was registered as an occupant of the land. Thus the 3rd respondent and her son became the owners. They sold the above said Sy number to the 4th respondent under a registered sale deed on 1-7-1968. The 2nd respondent agitated his claim of tenancy in a litigation between him and the 4th respondent. There was a compromise between the 4th and the 2nd respondents. Pursuant to the said compromise the 4th respondent sold the land in Sy.No.227 to the 2nd respondent for a sum of Rs. 2,000 as per Ext.'A'. On the same day the 2nd respondent sold the land in Sy.No.227 to the 5th respondent for a sum of Rs.3,000 and on the same day he purchased Sy.Nos.226 and 237, of which he was registered as a tenant by the Special-Deputy Commr for Inams, Shimoga. The 5th respondent entered into an agreement of sale with the petitioner in the month of June, 1973, agreeing to sell the land in Sy.No.227 for Rs.7,000 and the petitioner was put in possession of the land. The sale deed could not be executed in view of the Mysore Agricultural Land (Prohibition and Alienation) Ordinance, 1973 (to be hereinafter called as the 'Ordinance'). hereafter the 5th respondent executed a mortgage deed in favour of the petitioner for a sum of Rs.7,000 on 9th July 1973, as per Ext.'C'. Thereafter, the Tahsildar, gave direction for entering the name of the petitioner in the pahani register for 1973-74 as per Ext.'F'. Ever since, the petitioner has been in possession of the land. His name is entered in the RTC during the year 1973-74 and 1974-75 as per Exhibit 'F-1'. The 2nd respondent made an application in Form No.7 under S.48A of the Karnataka Land Reforms Act, 1961 (to be hereinafter called the 'Act') for grant of occupancy rights in his favour in respect of Sy.No.227. He did not implead the 5th respondent as party. The Tribunal conducted the enquiry and recorded the statements of respondents 2, 3 and 4 and granted occupancy rights in Sy.No.227 in favour of the 2nd respondent as per Ext.'F'. The petitioner has challenged this order.